Model Management Agreement for the Netherlands

Model Management Agreement Template for Netherlands

A comprehensive legal agreement governed by Dutch law that establishes the professional relationship between a model and their management agency. This document outlines the terms of representation, including the agency's responsibilities for securing modeling opportunities, managing bookings, and promoting the model's career, while defining the model's obligations, commission structures, and compliance with Dutch labor and commercial regulations. The agreement incorporates specific provisions required under Dutch and EU law, including GDPR compliance, working hour restrictions, and special protections for young models where applicable.

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What is a Model Management Agreement?

The Model Management Agreement serves as the foundational document governing the professional relationship between models and their management agencies in the Netherlands. This agreement is essential when a model seeks professional representation for their modeling career, whether they are just starting or are established professionals. The document comprehensively addresses all aspects of the management relationship, including booking procedures, commission structures, exclusivity terms, and obligations of both parties. It ensures compliance with Dutch legal requirements, including labor laws, commercial agency regulations, and EU directives such as GDPR. The agreement is particularly important as it protects both the model's and agency's interests while establishing clear professional boundaries and expectations. Special considerations are included for international work, minor models, and social media presence, making it adaptable to various situations within the modeling industry.

What sections should be included in a Model Management Agreement?

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

2. Background: Context of the agreement, including the agency's business, the model's profession, and their intention to enter into a management relationship

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

4. Appointment and Scope: Terms of the agency's appointment, exclusivity status, and geographical scope of representation

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

6. Agency's Obligations: Management services to be provided, including promotion, booking management, career development, and negotiation of assignments

7. Model's Obligations: Model's commitments, including availability, professional conduct, maintaining appearance, and communication requirements

8. Commission and Payments: Fee structure, commission rates, payment terms, and handling of expenses

9. Bookings and Assignments: Process for accepting and managing bookings, cancellation policies, and handling of conflicts

10. Intellectual Property: Rights regarding the model's images, portfolio, and promotional materials

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection: Handling of personal data in compliance with GDPR and local regulations

13. Liability and Insurance: Risk allocation, insurance requirements, and limitation of liability provisions

14. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and amendments

What sections are optional to include in a Model Management Agreement?

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

2. International Travel: Specific provisions for models who may work internationally, including visa requirements and travel arrangements

3. Social Media Management: Terms regarding the management of model's social media presence and related obligations

4. Exclusivity Exceptions: Specific carve-outs from exclusivity requirements for existing relationships or specific brands

5. Health and Wellness: Provisions regarding maintaining health, fitness, and appearance standards

6. Education Commitments: For student models, provisions to accommodate educational commitments

7. Non-Competition: Post-termination restrictions on working with competing agencies

8. Brand Associations: Restrictions or requirements regarding association with specific brands or industries

What schedules should be included in a Model Management Agreement?

1. Commission Schedule: Detailed breakdown of commission rates for different types of work and territories

2. Approved Third Party Representatives: List of other professionals (e.g., publicist, attorney) who may represent the model

3. Existing Contracts and Commitments: List of pre-existing agreements or commitments that are carved out from the agreement

4. Minimum Terms for Bookings: Standard terms and conditions that must be included in all booking agreements

5. Expense Policy: Detailed policy regarding reimbursable expenses and approval procedures

6. Portfolio Requirements: Specific requirements for maintaining and updating the model's portfolio

7. Code of Conduct: Detailed behavioral expectations and professional standards

8. Social Media Guidelines: Specific requirements and restrictions regarding social media usage and content

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

Jurisdiction

Netherlands

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Fashion

Advertising

Entertainment

Media

Photography

Public Relations

Retail

Luxury Goods

Beauty and Cosmetics

Events and Shows

Relevant Teams

Legal

Talent Management

Operations

Compliance

Human Resources

Finance

Marketing

Booking

Client Relations

International Relations

Relevant Roles

Model Agent

Talent Manager

Legal Counsel

Contracts Manager

Booking Agent

Agency Director

Compliance Officer

HR Manager

Fashion Show Director

Talent Scout

Operations Manager

Financial Controller

Marketing Director

Brand Manager

Industries
Dutch Civil Code (Burgerlijk Wetboek): Primary source of contract law in the Netherlands, governing formation and execution of contracts, including agency relationships and service agreements
Dutch Labour Law (Arbeidsrecht): Regulates working conditions, compensation, and worker protection, particularly relevant for determining whether models are considered employees or independent contractors
EU General Data Protection Regulation (GDPR): Governs the collection, processing, and storage of personal data, crucial for handling model's personal information and images
Dutch Working Hours Act (Arbeidstijdenwet): Regulates working hours and rest periods, especially important for protecting young models and ensuring proper working conditions
Dutch Commercial Agency Agreement Act: Specific regulations governing commercial agency relationships, which often apply to model management agreements
Dutch Act on Protection of Young People (Arbeidstijdenwet voor jongeren): Special provisions for protecting models under 18, including working hours restrictions and mandatory breaks
Dutch Competition Act (Mededingingswet): Ensures fair competition and prevents unfair business practices in the modeling industry
Dutch Identification Act (Wet op de identificatieplicht): Requires proper identification and verification of models, particularly important for compliance and tax purposes
Dutch Income Tax Act (Wet inkomstenbelasting): Governs taxation of income earned through modeling work and management services
EU Services Directive: Relevant for cross-border modeling services within the EU, ensuring freedom to provide services across member states
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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