General Terms and Conditions
Alpha Talent Management

§ 1 General and contractual conditions

Alpha Talent Management (hereinafter Alphatalentmgmt) provides models that clients can book for advertising shoots, events and other projects.

The contracts concluded between Alphatalentmgmt and the customer are subject to the following general terms and conditions.

Conflicting terms and conditions of the client are only valid if Alphatalentmgmt accepts them in writing.

Any agreements deviating from or supplementing these terms and conditions must be made in writing.

Alphatalentmgmt reserves the right to change its terms and conditions at any time and to conclude new contracts subject to the new conditions.

§ 2 Contract offer and conclusion of contract

 Alphatalentmgmt makes the model available  exclusively through its website  www.Alphatalentmgmt.com . Clients have the opportunity to submit booking requests to Alphatalentmgmt for the models registered on www.Alphatalentmgmt.com  .

The customer receives an email from Alphatalentmgmt containing a hyperlink. The models available via the hyperlink, including their hourly rates and estimated total costs, represent a binding contractual offer for the customer to book the respective model from Alphatalentmgmt. The offer is limited to a date specified in the email. The selection of one or more models constitutes the customer’s binding acceptance and thus booking of the offer. 

Immediately after acceptance, Alphatalentmgmt will issue the customer with a written order confirmation outlining the specific details of the respective order. 
Alphatalentmgmt reserves the right to reject orders or to confirm them with modifications. Modified order confirmations from Alphatalentmgmt replace the customer’s order unless the customer objects in writing within two days.

§ 3 Obligations of Alphatalentmgmt

Alphatalentmgmt will provide appropriate general preparation and briefing for the upcoming project. 

§ 4 Customer Obligations

By concluding the contract, the customer undertakes to fulfill obligations in accordance with the contractual provisions between the customer and Alphatalentmgmt.

§ 5 Liability

Liability for breach of minor contractual obligations is excluded in the event of simple negligence. 

Further claims by the customer – loss of profit or other financial losses – against Alphatalentmgmt are excluded. 

In particular, Alphatalentmgmt shall not be liable for interruptions or delays in performance due to force majeure or other events that make the contractual performance temporarily or permanently impossible or unreasonably difficult.

§ 6 Provision of model replacement 

If a model is unable to attend a booked assignment due to illness or other reasons, Alphatalentmgmt can provide the client with an equivalent model within 24 hours at no additional cost.

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§ 7 Adoption of a model 

The customer is generally permitted to book a model directly and not through Alphatalentmgmt.

The customer is obligated to notify Alphatalentmgmt of any direct booking with the corresponding model prior to the conclusion of the contract. In the case of a direct booking, Alphatalentmgmt is entitled to a claim against the customer in the amount of 5,000 (five thousand) euros per booking or individual case. In the event of a breach of this notification obligation, the customer is obligated to pay a contractual penalty of 10,000 (ten thousand) euros.

§ 8 Rights of use for photo and video recordings of models

(1) Unless expressly agreed otherwise, the agreed fee grants the rights of use to the work results exclusively to the named client for one year within Germany for the agreed purpose, the agreed product, and the agreed form of use. The one-year period begins with the actual use, but no later than two months after the recordings are created. 

(2) Any further use, in particular for posters, packaging, displays, videos, and any use of the model’s name, requires an express written agreement with Alphatalentmgmt. Digital storage of the recordings is generally not permitted and is only possible with express written consent, specifying the intended use. 

(3) Rights of use are granted only upon payment of the agreed fee. Any use prior to full payment of the agreed fee is prohibited.

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§ 9 Reduction or cancellation of an assignment

In the event of a project failure for which the customer is responsible, the customer is obliged to pay the contractually agreed remuneration.

A reduction of the total number of working hours of the booked model previously agreed between Alphatalentmgmt and the client is not permitted.

The rejection of a model by the client and the associated withdrawal from the contract is only permissible if there is a valid reason within the meaning of Section 626 of the German Civil Code (BGB). The reasons for rejection must be communicated to Alphatalentmgmt in writing. In the event of an unjustified rejection by the client, costs amounting to 80% of the agreed total hours will be charged regardless. This provision also applies in the event of premature termination of the agreed total hours.

§ 10 Billing, Reviews, Self-Promotion

After the model has been deployed, the client receives an email with the hours provided by the model for review. The client has seven business days from receipt of the notification from Alphatalentmgmt to review the hours. If the client does not object to the hourly approval within these seven business days, the billed number of hours is deemed approved. Subsequent changes to the hours are not permitted from this point onward. 

After completion of the assignment, the client has the opportunity to submit a review of the model’s performance and the service provided by Alphatalentmgmt. Alphatalentmgmt is entitled, but not obligated, to publicly display the reviews, including the client’s company name and logo, and the name of the direct contact person, on the website  www.Alphatalentmgmt.com  and its subpages. Furthermore, Alphatalentmgmt is entitled to use the client’s logo and the associated review, both digitally and analogically, for self-promotional purposes. This permission expires five years after the last collaboration.

§ 11 Prices, payment terms

The remuneration for services provided by Alphatalentmgmt is determined according to the prices stated in the respective offer. Upon placing an order, Alphatalentmgmt is entitled, at its sole discretion, to charge a deposit or request the provision of security for the execution of the order. If a deposit is not paid on time, Alphatalentmgmt is entitled to terminate the contract immediately. In this case, the customer is not entitled to any compensation. Alphatalentmgmt retains the right to the deposit for the expenses incurred and for booking the model, unless the customer proves that Alphatalentmgmt has not incurred any corresponding expenses or damages.

Internal costs (postage, copies, etc.) are billed at a flat office rate of €40.00 per model per day plus the applicable statutory VAT. Additional costs (e.g., courier services, expenses, travel costs) will be invoiced upon presentation of proof of payment.

Invoices are generally sent to the client upon completion of the project/order. For orders lasting longer than two months, the client will receive a monthly invoice via email. Billing is based on the model’s timesheets, which must be confirmed by the client, and the hourly or daily rate agreed upon at the time of booking.

The due amount is payable within fourteen days of invoicing. Failure to meet payment deadlines will result in default without the need for a reminder. In the event of default, Alphatalentmgmt is entitled to withhold all services to the customer, including those arising from other contractual relationships, until all outstanding amounts have been settled. Alphatalentmgmt is not liable to the customer for damages resulting from such justified withholding. 

§ 12 Protection of personal data 

If necessary for the coordination and successful execution of a work assignment, the client is permitted to share the model’s CVs, telephone numbers, and email addresses with the team leader on-site. Furthermore, the client undertakes to protect the model’s personal data, not to disclose it to unauthorized third parties, and not to store it beyond the end of the work assignment without legal grounds.

§ 13 Confidentiality

Alphatalentmgmt, models, and clients undertake to treat all sensitive information they become aware of during the execution of the contract as confidential and to use it only for the agreed purpose. This confidentiality agreement applies to both the client and their business relationships.

§ 14 Final provisions

Alphatalentmgmt is not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Should individual clauses or provisions of this agreement be invalid, the remaining clauses shall remain unaffected. The invalid provision shall be replaced by the statutory provision. Amendments to this agreement must be in writing (email) and may only be confirmed by the respective management on behalf of the parties. 

These Terms and Conditions and the entire legal relationship between the contracting parties are governed by the laws of the Federal Republic of Germany. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is Düsseldorf.