TERMS AND CONDITIONS

TERMS AND CONDITIONS

COSMO KIDS AGENCY mediates on behalf of talents (models and actors). Insofar as not expressly deviated from these General Terms and Conditions by written agreement, these terms and conditions apply in all cases in which the services of COSMO KIDS AGENCY are used. These terms and conditions prevail over deviating terms and conditions of the client, even if they contain provisions similar to these.

1. In these General Terms and Conditions: Talent: any natural person who is linked to a production of a client through the intermediary of COSMO KIDS AGENCY;

Client: Any natural or legal person with whom COSMO KIDS AGENCY enters into an agreement as a result of an assignment in which there is a need for talent(s)

Booking: written and/or oral assignment, brokerage or booking agreement. Conducted by phone, email, in person;

Execution: performing activities in the broadest sense of the word.

Mediation fee: Agency fee, a percentage for the mediation between talent and client.

Day fee: a fee for a working day (part of a day) when it comes to artistic activities.

Buy Out: a fee that represents the surrender of portrait rights for a certain agreed period and for certain agreed media expressions (such as: online, TV, narrowcasting, commercials, advertising photography, film, print, etc).

If COSMO KIDS AGENCY introduces a talent to a client, the talent has not previously worked for the client and the proposal is converted into a booking via COSMO KIDS AGENCY, there is exclusivity for COSMO KIDS AGENCY with regard to talent and the client.

The talent works exclusively through COSMO KIDS AGENCY for subsequent assignments from the client. If the talent is approached directly by the client or via third parties, the talent will clearly state that it is exclusively bookable through COSMO KIDS AGENCY.

2.Prices

Rates are determined per assignment after written (e-mail) request on the basis of consultation with COSMO KIDS AGENCY and the talent.

The client can book the talent at the following rates: Daypart. A half-day is understood to mean the price for a maximum of four working hours within the same time frame. Parts of an hour are rounded up to a whole hour. The daily rate for children up to 7 years old is due for bookings of up to 2 hours per school day and 4 hours on a non-school day or a holiday. The daily rate for children between 7 and 13 years old is due for bookings of up to 4 hours per school day and 7 hours on a non-school day or a holiday.

If talents between the ages of 7 and 13 work more than 4.5 hours, they are entitled to a break of at least 30 minutes. Talents under the age of 13 are not allowed to work overtime.

From the age of 13, the daily rate is due for bookings of a maximum of 7 hours on a school day and 8 hours on a non-school day or a holiday.

From 13 years, the day fee of talents is based on 8 hours. 150% of the day fee applies for 0-4 overtime hours. After 4 hours of overtime, 200% of the day fee applies.

All rates charged by COSMO KIDS AGENCY to the client are exclusive of a brokerage fee, exclusive of VAT and, in consultation, exclusive of travel costs and any other expenses.

Unless otherwise agreed, rates are only valid for single repetitions.

The client is not allowed to consult with the talent mediated by COSMO KIDS AGENCY about prices and earnings.

The client has no exclusivity rights to a talent. If a client so wishes, binding agreements must be made in advance with COSMO KIDS AGENCY in the form of a buyout. Special rates apply for this.

An offer is made on the basis of information made available to COSMO KIDS AGENCY and subject to final inspection of the publication of the activities. A quote is valid up to 90 days after the date.

Adjusted rates apply for the use of assignments outside the Netherlands, or longer than 1 year, for commercials, TV, print, online and/or any form of advertising. These will be determined in mutual consultation between the client and COSMO KIDS AGENCY.

The production company, advertising agency, brand or in general terms ‘the client’ should never approach the talent directly.

3. Travel costs

The client owes travel costs for the talent and 1 supervisor when booking a talent younger than 16 years, based on the standard set travel costs reimbursement rates.

When work is performed abroad, the client must pay the full travel and accommodation costs owed for the talent and 1 supervisor.

4. Bookings

The written or oral order confirmation by the client and COSMO KIDS AGENCY is binding on both parties.

Options on a talent must be confirmed no later than 5 working days before the start of any booking in order to be executed. Bookings are given priority over options. The first entrant is given the opportunity to convert his options into a booking before the second entrant’s booking is recorded.

A nice-weather booking applies: first cancellation no costs, second cancellation 50% of the agreed rate and additional costs, third cancellation 100% of the agreed rate all additional costs. Cancellation must take place 16 hours before the start in case of a nice- weather booking.

The client and talent are not permitted to approach or contract each other without the approval and without the knowledge of COSMO KIDS AGENCY, once they have been brought into contact with each other, until eight calendar months after the talent is no longer represented via COSMO KIDS AGENCY. If this does happen, twice the amount will be owed to COSMO KIDS AGENCY, which would have had to be paid if the contracts had been concluded entirely through COSMO KIDS AGENCY.

The client is not entitled to any further, or other, use of photos, video and/or other material of the talents than indicated in the order confirmation.

Both parties will refrain from behavior or expressions as a result of which the good name of the client and/or COSMO KIDS AGENCY could be discredited.

While carrying out an assignment via COSMO KIDS AGENCY, the client is responsible for a child-friendly and safe working environment.

5. Cancellation

For cancellation by the client 48 hours or more before the agreed start, 20% will be charged. For cancellation by the client within 48 hours to 12 hours before the start, the client owes 50% of the entire agreed fee. For cancellation by the client on the day of the assignment or 12 hours before the start, the client owes the full agreed fee.

For multi-day bookings, the cancellation period is equal to the number of days booked. If this term is not observed, the client will owe the full fee.

In the event of cancellation by the client, the above percentage of the agreed day fee applies to the talent.

6. Payments

Payment must be credited to the bank account of COSMO KIDS AGENCY within 30 days of the invoice date. If the client has not objected in writing and with reasons within 8 days of the invoice date, the client is deemed to have fully agreed with the contents of the invoice.

If the invoice amount is not paid within the payment term, the client owes COSMO KIDS AGENCY 2% interest on the amount to be paid per month, whereby parts of a month are counted as a full month.

All costs incurred by COSMO KIDS AGENCY or the talent to enforce their rights, as well as judicial and extrajudicial costs in the event of the involvement of an authorized representative, lawyer or bailiff, are for the account of the client. Extrajudicial costs are owed by the client without further summons or notice of default in all cases in which COSMO KIDS AGENCY or the person it represents has had to engage an authorized representative, lawyer or bailiff to collect its claims or enforce its rights.

The aforementioned costs amount to at least 25% of the amount to be claimed with a minimum of €250

7. Liability

The client and talent indemnify COSMO KIDS AGENCY against all liability that the business association and/or the tax authorities may incur towards COSMO KIDS AGENCY.

COSMO KIDS AGENCY is not responsible for the behavior of the talent on location/set.

COSMO KIDS AGENCY is not liable for any damage that may have arisen if the booked talent fails to fulfill any agreement or fails to comply with it. Also, COSMO KIDS AGENCY is not liable for any damage and/or costs of whatever nature that arise during working hours or in connection with work.

The client and the talent undertake to be insured for third-party liability during the work.

8.Force Majeure

In case of illness of a talent at the time of booking, this is force majeure. In this case, COSMO KIDS AGENCY will do its utmost to arrange an adequate replacement as soon as possible. If this is not possible for any reason, the booking will be rescheduled. In that case, COSMO KIDS AGENCY is not liable for any damage suffered by the client.

In the event of force majeure on the part of the client, the latter is entitled to withdraw the orders, with due observance of the provisions of article 5.

9. Statement of Principles

If the client wishes to have a Declaration of Principles signed by the talent, this must be in the possession of COSMO KIDS AGENCY 5 days before the start of the casting and this has been made aware of. COSMO KIDS AGENCY has complete freedom to adapt it. The talent is personally liable for the information that he/she shares on the statement of principle.

10. Secrecy

Talent is obliged to maintain secrecy with regard to all information that has come to their knowledge in the context of the Agreement and will not publish any visual material on social media and/or online without the permission of COSMO KIDS AGENCY.

11. This condition applies to talents/models represented by COSMO KIDS AGENCY since June 1, 2022. Unless otherwise agreed, the talent is not registered with more than 1 other model/casting agency for the duration that the talent is represented by COSMO KIDS AGENCY. COSMO KIDS AGENCY must be informed in writing by the parent/guardian in the event that the talent is registered with another agency. COSMO KIDS AGENCY has the option of breaking the representation of the talent in the absence or on the basis of multiple registrations of a talent with other agencies.

12. COVID-19

Talent is responsible for assessing her/his health and for choosing whether or not to shoot. COSMO KIDS AGENCY is not responsible for the health of the talent or for the situation on location and any contamination.

COSMO KIDS AGENCY is not responsible if a talent cancels an assignment due to COVID-19 phenomena. In this case, COSMO KIDS AGENCY will do its utmost to arrange an adequate replacement as soon as possible.

13. Applicable law

Dutch law applies to this agreement. Disputes regarding this agreement will be decided exclusively by the competent court in the district of Amsterdam

Last up-date June 29, 2022