Model Mother Agency Contract Template for Germany

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Key Requirements PROMPT example:

Model Mother Agency Contract

I need a Model Mother Agency Contract under German law for representing an underage model (16 years old) who will be working internationally, with special emphasis on social media rights management and educational scheduling requirements.

Document background
The Model Mother Agency Contract is a fundamental document in the modeling industry, establishing the primary representation relationship between a model and their mother agency under German law. This contract is essential when a model first signs with an agency that will serve as their main representative and career manager. It incorporates crucial elements required by German legislation, including compliance with the German Civil Code (BGB), commercial law (HGB), and where applicable, youth protection laws. The document covers comprehensive terms including exclusivity, commission structures, territorial rights, image usage, data protection under GDPR, and specific obligations of both parties. It's particularly important as it often serves as the foundation for a model's entire career, determining how they will be represented both domestically and internationally.
Suggested Sections

1. Parties: Identification of the Model and the Mother Agency, including full legal names, addresses, and registration details where applicable

2. Background: Context of the agreement, including the agency's business nature and model's intention to be represented

3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Booking', 'Commission', 'Images', etc.

4. Scope of Representation: Details of exclusive representation rights granted to the mother agency and territorial limitations

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

6. Agency's Obligations: Mother agency's responsibilities including promotion, booking management, career development, and support services

7. Model's Obligations: Model's commitments regarding availability, professional conduct, maintaining appearance, and cooperation with the agency

8. Commission Structure: Detailed breakdown of commission rates for different types of bookings and territories

9. Payment Terms: Payment procedures, timing, currency, and handling of international payments

10. Exclusivity: Terms of exclusive representation and any permitted exceptions

11. Image Rights: Usage rights for promotional materials and portfolio images

12. Data Protection: GDPR compliance measures and data handling procedures

13. Confidentiality: Non-disclosure obligations for both parties

14. Governing Law: Specification of German law as governing law and jurisdiction

15. General Provisions: Standard clauses including severability, entire agreement, and amendments

Optional Sections

1. Parental Consent: Required when the model is under 18, detailing parent/guardian approval and additional protections

2. International Travel: Include when the model is expected to work internationally, covering visa support and travel arrangements

3. Social Media Management: Include when the agency will manage or have input on the model's social media presence

4. Education Provisions: Include for school-age models, ensuring compliance with educational requirements

5. Non-Competition: Include when restricting model's ability to work in competing activities

6. Language Provisions: Include when contract is bilingual or when model is not fluent in German

7. Insurance Requirements: Include when specific insurance coverage is required for the model

Suggested Schedules

1. Schedule A - Commission Rates: Detailed breakdown of commission percentages for different types of work and territories

2. Schedule B - Measurement Card: Model's current measurements and physical specifications

3. Schedule C - Approved Image Usage: List of approved images and permitted usage for agency promotion

4. Schedule D - Minimum Fees: Minimum booking rates for different types of modeling work

5. Schedule E - Code of Conduct: Detailed behavioral expectations and professional standards

6. Appendix 1 - GDPR Consent Form: Detailed data protection consent form compliant with EU regulations

7. Appendix 2 - Parent/Guardian Authorization: Legal authorization form for underage models

8. Appendix 3 - Agency Network: List of partner agencies and sub-agencies in different territories

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Fashion

Modeling

Entertainment

Advertising

Media

Photography

Luxury Goods

Retail

Beauty

Fashion Events and Shows

Relevant Teams

Legal

Talent Management

Booking

Finance

Compliance

International Relations

Rights Management

Business Development

Model Scouting

Operations

Relevant Roles

Modeling Agent

Legal Counsel

Contracts Manager

Talent Scout

Model Booker

Agency Director

Compliance Officer

Rights Manager

Finance Manager

Talent Manager

Business Development Manager

International Booking Agent

Industries
German Civil Code (Bürgerliches Gesetzbuch - BGB): Primary source of civil law in Germany, governing contract formation, obligations, agency relationships, and general contractual principles
German Commercial Code (Handelsgesetzbuch - HGB): Regulates commercial relationships and agency agreements between businesses, including provisions for commercial agents
Youth Protection Act (Jugendschutzgesetz - JuSchG): Protects minors in employment relationships, particularly relevant for underage models
German Act on Protection of Young People at Work (Jugendarbeitsschutzgesetz - JArbSchG): Specifies working conditions and restrictions for young people under 18, including working hours and types of permitted work
General Data Protection Regulation (GDPR/DSGVO): EU regulation implemented in German law governing the processing and protection of personal data, crucial for handling model information and images
German Act Against Unfair Competition (Gesetz gegen den unlauteren Wettbewerb - UWG): Regulates fair competition and prevents unfair business practices in the modeling industry
Income Tax Act (Einkommensteuergesetz - EStG): Governs taxation of income, including provisions for self-employed individuals and commission-based income
German Working Hours Act (Arbeitszeitgesetz - ArbZG): Regulates working hours, breaks, and rest periods, applicable when models are considered employees
German Copyright Act (Urheberrechtsgesetz - UrhG): Governs rights to photographs and other visual media featuring the model
Right of Publicity (Recht am eigenen Bild): Part of German personality rights protecting individuals' control over the use of their image and likeness
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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