The Model Mother Agency Contract is essential for establishing a formal, legally binding relationship between a modeling agency and a model in Malaysia. This document is typically used when a model first signs with their primary agency, which will act as their "mother agency" throughout their career. It needs to comply with Malaysian legislation, including the Employment Act 1955, Contracts Act 1950, and Child and Young Persons (Employment) Act 1966 when applicable. The contract covers crucial aspects such as exclusivity rights, commission structures, territorial scope, sub-agency arrangements, and the obligations of both parties. It's particularly important as it forms the foundation of a model's career and protects both the agency's investment in developing new talent and the model's professional interests.
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1. Parties: Identification of the Mother Agency and the Model (and legal guardian if model is a minor)
2. Background: Context of the agreement and brief description of the mother agency's business and the model's intention to be represented
3. Definitions: Key terms used throughout the agreement including 'Territory', 'Booking', 'Commission', 'Sub-Agency', etc.
4. Appointment and Scope: Exclusive appointment of the mother agency and territorial scope of representation
5. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination
6. Agency Services: Detailed description of services provided by the mother agency including development, promotion, and booking management
7. Model's Obligations: Model's commitments including availability, maintaining appearance, professional conduct, and communication requirements
8. Commission Structure: Agency's commission rates for different types of bookings and payment terms
9. Sub-Agency Arrangements: Terms governing the mother agency's right to work with sub-agencies in different markets
10. Intellectual Property Rights: Usage rights for model's images and content created during assignments
11. Confidentiality: Non-disclosure obligations for both parties
12. General Provisions: Standard clauses including governing law, dispute resolution, and entire agreement
1. International Travel: Additional terms for international bookings and travel arrangements, used when the model may work internationally
2. Digital Rights and Social Media: Specific terms for social media presence and digital content, important for models with significant social media following
3. Parental Consent: Additional provisions when the model is a minor, including guardian's obligations and consent requirements
4. Education Commitment: Terms regarding balancing modeling with education, relevant for student models
5. Health and Wellness: Specific requirements regarding health maintenance and body measurements, important for high-fashion modeling
6. Post-Term Restrictions: Non-compete and restriction clauses after contract termination, used for established models
7. Force Majeure: Provisions for unforeseen circumstances preventing performance, particularly relevant post-COVID
1. Schedule 1 - Commission Rates: Detailed breakdown of commission percentages for different types of work and territories
2. Schedule 2 - Approved Sub-Agencies: List of pre-approved sub-agencies and their territories
3. Schedule 3 - Model's Portfolio: Current portfolio images and measurements of the model
4. Schedule 4 - Expense Policy: Guidelines for reimbursable expenses and payment procedures
5. Schedule 5 - Code of Conduct: Detailed behavioral expectations and professional standards
6. Appendix A - Parent/Guardian Declaration: Legal declarations and consent forms for underage models
7. Appendix B - Medical Declaration: Health information and medical consent forms
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