The Independent Model Contract is essential for establishing clear professional relationships in the Swiss modeling industry. It is designed for use when engaging models as independent contractors rather than employees, ensuring compliance with Swiss employment and contract law. This document is particularly crucial given Switzerland's strict regulations regarding independent contractor classifications and personality rights protection. The contract addresses key aspects including booking procedures, commission structures, image rights, and data protection, while incorporating specific provisions required under Swiss law. It's suitable for both Swiss-based and international modeling engagements where Swiss law governs the relationship, and can be customized for various types of modeling work including runway, commercial, editorial, and digital content creation.
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1. Parties: Identification of the Model and the Agency/Client, including full legal names, addresses, and registration details
2. Background: Context of the agreement, establishing the Model's independent contractor status and general purpose of the collaboration
3. Definitions: Key terms used throughout the agreement including 'Services', 'Territory', 'Commission', 'Booking', etc.
4. Scope of Services: Detailed description of modeling services to be provided, including types of modeling work and basic expectations
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party
6. Compensation and Payment Terms: Fee structure, payment schedule, commission rates, and expense reimbursement policies
7. Independent Contractor Status: Clear declaration of independent contractor relationship and associated responsibilities
8. Model's Obligations: Professional conduct, availability, maintaining appearance, communication requirements
9. Agency's Obligations: Booking services, promotion, payment processing, professional support
10. Image Rights and Intellectual Property: Usage rights, ownership of images, and licensing terms
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Handling of personal data in compliance with Swiss data protection laws
13. Insurance and Liability: Required insurance coverage and limitation of liability provisions
14. Governing Law and Jurisdiction: Specification of Swiss law application and jurisdiction for disputes
1. Exclusivity: Terms for exclusive representation, used when the model agrees to work exclusively with the agency
2. International Assignments: Additional terms for international bookings and travel requirements
3. Social Media and Digital Content: Specific terms for social media presence and digital content creation
4. Parental Consent: Required when the model is a minor, including guardian responsibilities and restrictions
5. Non-Competition: Restrictions on working with competitors, used for high-profile models
6. Health and Safety: Specific health and safety requirements for specialized modeling work
7. Moral Rights: Additional provisions regarding the model's moral rights in their images
8. Force Majeure: Provisions for unforeseen circumstances preventing performance
1. Schedule A - Commission Structure: Detailed breakdown of commission rates for different types of bookings
2. Schedule B - Approved Usage Rights: Specific terms for image usage rights and restrictions
3. Schedule C - Territory Definition: Geographical areas covered by the agreement
4. Schedule D - Expense Policy: Detailed policies regarding reimbursable expenses and procedures
5. Schedule E - Code of Conduct: Professional behavior expectations and industry standards
6. Appendix 1 - Model Portfolio: Current portfolio images and measurements
7. Appendix 2 - Rate Card: Standard rates for different types of modeling work
8. Appendix 3 - Required Documentation: Copies of identification, work permits, and other required documents
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