GENERAL TERMS AND CONDITIONS STELLA AGENCY
Stella Agency has been pleased to provide its services to its partners/clients since its inception. We value both new and existing assignments and clients.
Stella Agency offers an extensive network of hostesses, models, dancers, acrobats and entertainers. Upon agreement between Stella Agency and its (potential) client, our professionals can be deployed during festivals, presentations, club nights, fashion shows, photo shoots, commercials and various corporate events.
When entering into a (new) collaboration, we like to share information with the client about our working methods, in order to make mutual expectations clear. This information is set out in the General Terms and Conditions below (further referred to as the ‘Terms and Conditions’).
We kindly ask you to read these Terms thoroughly before entering into any cooperation. If you have any questions or ambiguities about the Terms and Conditions, please feel free to contact us by phone (030-8792916) or e-mail (info@stella-agency.nl).
1.1 In these Conditions, the following definitions shall apply:
Stella Agency: the private limited company with limited liability established in Amsterdam at Zeeburgerdijk 424 (1095 AK), registered in the Trade Register under number 57883793, specialising in services in the field of mediating between hostesses, models, dancers, acrobats and other artists and entertainers (further referred to as ‘Artists’) and clients; Client: the natural or legal person or affiliated companies that purchase services from Stella Agency; Parties: Stella Agency and Client Quotation: the written and/or electronic offer by Stella Agency to provide work and/or services at a certain price and conditions; Agreement: the purchase and delivery of services agreed by the Parties, as well as the conditions for this purchase and delivery; Assignment: the part of the Agreement between the Parties that describes the task, service and/or delivery that Stella Agency will perform on behalf of the Client.
1.2 These Terms and Conditions apply to every offer, every Quotation and every Agreement between Stella Agency and its (potential) Clients. The term ‘potential Client’ includes any party that has expressed an interest in purchasing services from Stella Agency and/or has already placed orders.
1.3 These Conditions shall also apply to any third party services in the performance of the Engagement.
1.4 The Conditions of the (potential) Client and/or any third parties are expressly not applicable.
1.5 The Client acknowledges that the Conditions have been provided to him or her prior to the execution of the Engagement. The Client also explicitly indicates that he/she has understood the content of the Terms and Conditions and agrees to all provisions.
1.6 Stella Agency’s failure to strictly enforce these Terms does not mean that the provisions of these Terms are not in force or that Stella Agency loses the right to rely on these Terms.
2.1 The (potential) Client may not approach, hire or hire any Artists from Stella Agency’s database and/or Artists hired for the Assignment without Stella Agency’s written consent.
2.2 If this provision is breached, Stella Agency will charge the Client 25% of the annual salary of the recruited Artist, with a minimum of €5,000 per event.
3.1 The prices stated on our Quotes, offers and the Contract are always exclusive of VAT and exclusive of travel and accommodation costs of the Artists.
3.2 Invoicing of travel and any accommodation costs of the Artists will take place on the basis of subsequent calculation, as well as overtime on account of the extension of the Assignment.
3.3 The minimum purchase is four hours per Artist per day, excluding commercials, photo shoots and acting work.
3.4 For commercials, photo shoots and acting or figure work, a half-day fee (four working hours) or a full-day fee (eight working hours) will be charged. Travel and accommodation expenses will also be invoiced on a post-calculation basis.
3.5 The agency fee for photo shoots and commercials is 20%. In all other cases, the agency fee is 10%, unless otherwise agreed.
3.6 For an Assignment with an agreed fee of more than €2,000, a down payment of 50% is required before commencement of the Assignment. Stella Agency may suspend the Assignment until this payment is received.
3.7 Stella Agency may deviate from the agreed fee if additional third parties are hired, additional Artists are used or additional materials/styling/make-up and so on are purchased as part of the Assignment.
3.8 The issue of an Offer does not oblige Stella Agency to carry out future assignments at the same quotation.
4.1 Payment shall be made on an invoice basis. The amount due must be credited to Stella Agency’s bank account within 30 days of the invoice date at the latest without set-off, suspension or other deductions.
4.2 If payment of the invoice is not made within 30 days, the Client shall be in default without notice of default and shall owe default interest of 1.5% per month on the amount due. Parts of a month shall be counted as a full month.
5.1 For an Assignment to be executed within 48 hours of the Quotation being issued, an additional 20% booking fee will be charged in addition to the regular/agreed agency fee.
6.1 If the Client decides to cancel the Assignment after Stella Agency’s Quotation has been accepted and up to five days before the execution of the Assignment, Stella Agency will charge for all costs incurred up to that time, including costs for materials, booking hours, styling products used under the Agreement, etc.
6.2 If the Client cancels the Assignment between five days and 48 hours before its execution, Stella Agency will charge all costs incurred up to that time, plus 50% of the agreed Quotation.
6.3 If the Client cancels the Assignment within 48 hours before its execution, Stella Agency will charge all costs incurred up to that time, plus 75% of the agreed agency fee.
6.4 If the Client cancels the Assignment within 24 hours before its execution, Stella Agency will charge all costs incurred up to that time and 100% of the agreed agency fee.
6.5 If the Client books a specific model for commercials, photo shoots and acting or figure work and this model cancels after written confirmation, 50% of the daily fee will be charged.
7.1 If the Client accepts Stella Agency’s offer/quotation, Stella Agency will draw up an Agreement, possibly in the form of a booking confirmation by e-mail.
7.2 The Agreement shall contain at least the date, time, place of the Engagement, a summary of the contents of the Engagement and the agreed fee.
7.3 Stella Agency shall endeavour to execute the Assignment to the best of its knowledge and ability in accordance with the wishes, image and budget of the Client.
8.1 The Client guarantees that the Artists can work in a safe environment. The Client is responsible for creating an environment in which the Artists can perform their work undisturbed and safely before, during and after the Assignment.
8.2 If the Assignment lasts longer than four hours, the Client must provide sufficient food and drink for the Artists.
8.3 The Client shall provide an enclosed (dressing) area where the Artists can change and where Stella Agency can start the work. If make-up and styling are involved, sufficient tables, chairs, a mirror and adequate power supplies must be available.
9.1 Styling, concepts, ideas, designs and other intellectual creations made as part of the Assignment remain the property of Stella Agency, unless otherwise agreed. The Client may not execute the same or similar concepts or ideas without the permission of Stella Agency without the intervention of Stella Agency or third parties. In case of violation of this provision, the Client undertakes to compensate Stella Agency for lost profit/revenue.
9.2 All intellectual property rights, such as photographs, drawings, films, software, texts and other documents, remain the property of Stella Agency and may not be reproduced, sold or disclosed without permission.
9.3 The parties must keep confidential information obtained in the context of the Engagement confidential. The Client may not share Stella Agency’s concepts and ideas with third parties. If this provision is violated, the Client shall owe an immediately payable fine of €1,500 per violation, in addition to Stella Agency’s right to claim damages.
9.4 The Client may promote the Assignment through (social) media and other advertising in consultation with Stella Agency, unless otherwise agreed.
10.1 All styling brought by Stella Agency for the Assignment and all conceived, developed and designed styling shall remain the property of Stella Agency, unless otherwise agreed with the Client.
11.1 The Client may not use (visual) material other than as agreed.
11.2 If the Client wishes to use the (visual) material other than as agreed, he/she must request permission from Stella Agency in writing beforehand. Stella Agency will then determine whether, under what conditions and for what fee the material may be used.
12.1 Stella Agency is not liable for damages unless there is intent or gross negligence on the part of Stella Agency. In that case, liability is limited to the invoice value of the Contract.
12.2 Stella Agency is not liable for indirect damages, including consequential damages, lost profits, missed savings and damages due to business interruption.
14.1 The Agreement shall be governed by Dutch law.
14.2 Disputes between the Parties shall in the first instance be submitted to the competent court in the district where Stella Agency is located.
15.1 Stella Agency reserves the right to amend these Terms at any time. Amendments shall take effect 30 days after publication of the revised Terms on Stella Agency’s website. On existing Agreements, the Terms and Conditions as in force at the time of the conclusion of the Agreement shall remain in force.
16.1 If any provision in these Terms and Conditions turns out to be void or voidable, this shall not affect the validity of the Terms and Conditions as a whole. In that case, the parties will adopt (a) new provision(s) to replace it, which as far as is legally possible will give shape to the intention of the original provision.
