Terms and conditions
TERMS AND CONDITIONS FOR OUR CLIENTS
A Management Company of National and International Talents. The following terms are applicable for our clients ( i.e Ad Agencies, Brand Advertisement Manager, Movie-Flim-Web Series Casting Director/Manager, Fashion Show Managers/Casting Directors, Designers and other related Professional Client.
1) FOR BOOKINGS ( Models/Actors )
Here, For every booking Lion Shield Studio will provide you the booking form in binding with the specific terms and conditions. However, Once you sing the booking form you will confirm the booking and accept to agree all the terms and conditions related to it.
Any amendment and/or variations made to the Form by the client shall not be valid and binding unless the Lion Shield Studio has agreed to such amendment and/or variation in advance and confirmed such agreement by an authorised representative of the Studio signing the Form after the amendment and/or variation has been included on the Form.
2) FEES STRUCTURE
2.1) Fees are charged as follows:
2.1.1) By day, where a ‘day’ is an 8-hour period (including one hour for lunch) between 9am and 6pm.
2.1.2) An extra hour between 9am and 6pm is charged at the normal hourly rate.
2.1.3) The appropriate overtime rate is charged before 9am and after 6pm, being one-and-a half times the hourly rate.
2.1.4) Saturdays are charged at one-and-a half times the hourly rate and Sundays or Bank Holidays are charged at double the hourly rate.
2.1.5) Any booking which is over 5 hours will be charged at the day rate as set out in the Form.
2.1.6) Travel time the model incurs to or from a client’s venue will be charged at half the hourly rate.
2.2) Any expenses incurred by the Studio on the Model’s behalf will be charged to the client and will include an uplift of 12.5% of the total amount of the expenses.
2.3) In relation to location bookings :
Client must provide transport for the model both to the booking location and back again unless agreed otherwise. If you fail to provide such transport, then the Studio shall be entitled to re-charge the cost of the transport procured for the model. If a model on location is prevented from returning to work, half the daily fee will be charged to and payable by client for each day that the model is unable to return to work.
Here, Client will make a health and safety assessment of the location and shall notify the Studio of any potential risks and how these have been mitigated. You acknowledge that at all times the model’s health and safety is of paramount importance and shall ensure that the highest standards of health and safety are complied with whilst on any location bookings.
3) ADDITIONAL FEES
3.1) Additional fees are payable in relation to :
3.1.1) For the right to use the model’s image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings or anticipated purposes which are in addition to and outside the scope of the initial permitted use, details of which are set out in the booking confirmation form, e.g. packs, posters, showcards, record covers, swing tickets etc. For the avoidance of doubt, additional fees are payable for the right to use the model’s image or reproductions, or adaptations of, or drawings derived from that image, or any other representation of it, either complete or in part whether alone or in conjunction with any wording or other images, photographs, drawings online or in any digital media including but not limited to Twitter, Facebook, MySpace, YouTube, Flickr, Blogs or other social networking websites or media. Unless otherwise agreed, the additional fees cover the right to use one image for one year from the date of booking, in the India only, for the permitted use or uses or purposes agreed between the Studio and the client. Under no circumstances will each additional usage fee be less than the model’s advertised day rate as determined by the Studio unless determined otherwise by the Studio in its absolute discretion.
3.1.2) Subject always to the Studio’s prior consent, for the right to use the model’s image or reproductions etc. Above for all known or anticipated territories other than the India. Unless otherwise agreed the additional fees cover the right to use one image for one year or one season (as determined by the Studio at the date of booking and as detailed on the booking confirmation form) from the date of booking, in the territory or territories agreed and stipulated on the booking form. Under no circumstances will each usage fee be less than the model’s advertised day rate as determined by the Studio unless determined otherwise by the Studio in its absolute discretion.
3.1.3) For other services to be supplied by the model, for example, personal appearances for PR purposes. Fees for such services will be negotiated on a case by case basis between the client and the Studio.
Note : The Lion Shield Studio is solely responsible in perpetuity, for all modifications, extensions and renewal of bookings.
4) OUR STUDIO FEES
4.1) Where bookings are negotiated by the Studio in relation to Equity contract TV commercials in India or Other Nation, The Studio will negotiate the model’s fee from which the Studio will take a commission of 25.00% of the invoice total.
4.2) In the case of all other bookings including (i) Non-equity contract TV commercials worldwide and (ii) all commercials shot for use outside of India irrespective of where the fee is paid, the Studio Fees and model fees will be invoiced by the Studio. Unless otherwise agreed at the time of booking the model disbursement is included at 62.5% and the Studio fee at 37.5% of the invoice total.
5) Value added tax (VAT)
All sums payable under this Agreement are exclusive of VAT and any other similar or equivalent taxes or duties which shall be payable in full without the right of set off.
6) INVOICING ( TOTAL PAYABLE AMOUNT )
6.1 Invoices are payable by client within 30 days of the date of the invoice.
6.2 The Lion Shield Studio reserves the right in its sole discretion to invoice the ‘ultimate client’, in such cases where you have booked a Model/Actor on behalf of the ultimate client, in which case you and the ultimate client are jointly and severally liable to pay all the Fees and settle the invoice accordingly.
6.3 All fees for usage are for the right to use the model’s image and, once agreed, are payable whether or not the right is exercised. Unless the Studio specifically agrees otherwise, in writing, no usage for the model’s image is permitted until the Studio has received payment in full. The Studio reserves the right to alter payment terms if it deems appropriate, prior to booking.
6.4 Any amounts not paid on time, in accordance with the relevant invoice shall bear interest both before and after any judgment at five per cent per annum from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued daily.
6.5) In the event that you are providing the services on behalf of or to a third-party end user, you will be acting in the capacity of an agent of such third-party end user and the you shall procure
that the third-party end user :
6.5.1 Enters an agreement with you on terms no less onerous than as set out herein;
6.5.2) Acknowledges its obligations to the Agency including but not limited to the obligation to pay the Agency within 30 days of the date of any invoice received from the Agency; and
6.5.3) Acknowledges that the third-party end user may not use the images until payment is received by the Agency and that at all times the third-party end user is subject to any restrictions as to use of the images.
6.6) Any fees received by you from a third-party end user relating to any of the rights or benefits conferred on you by these terms and conditions shall be deposited in a designated Studio account by you (the Third-Party End User Fees). The Third-Party End User Fees shall be held on trust for the Studio as beneficiary until all outstanding fees owed by you are paid in accordance with the terms of this Agreement.
7) EXCLUSIVITY FEES
Unless otherwise agreed in the Form the model is supplied on a non-exclusive basis and the model shall be free to provide similar and/or competing services to any third party and/or competing product or brand of the client. An additional fee will need to be agreed when the use of the model’s image or the service to be supplied by a model in relation to a product is required on an exclusive or semi-exclusive (for example sector specific or territorial exclusivity) basis which precludes supplying services or allowing the use of the model’s image for competing and/or particular sector of products or within a particular territory. A model can supply services to and allow use of the model’s image by any competitor unless such an exclusivity fee is negotiated and paid by the client. It is your responsibility to carry out any research and check whether the model supplied has undertaken or is booked to undertake any conflicting work.
8.1) What if you cancel a booking :
8.1.1) Within 24 hours of the booking call time, the full booking fee will be charged and payable by you unless the same model is booked within 24 hours of the cancellation in which case half the booking fee will be charged and payable.
8.1.2) Outside 24 hours of the booking call time but within 48 hours of the booking call time of the booking date then half the booking fee will be charged and payable.
8.2) The full booking fee will be charged and payable by you for bookings of more than three days’ duration: within a period, equal to or less than the length of the booking, then Saturdays, Sundays and bank and public holidays are excluded for the purpose of determining the cancellation notice period.
8.3) What if Studio wish to cancel a booking:
8.3.1) Then we shall use reasonable endeavours to provide you with reasonable notice, take steps to offer a suitable replacement and/or substitute and take such other reasonable steps as are reasonably practicable to mitigate against such cancellation.
8.3.2) It shall be entitled to do so at any time and for any reason prior to the booking date without liability to you and you shall procure the necessary insurance cover with a reputable insurance provider to protect against such cancellation and any associated liability and the Studio shall not be liable to you for any costs incurred as a result of such cancellation.
9) MODEL/ACTOR CARE AND SAFETY
9.1) Client are responsible for the provision of all meals and beverage requirements of the models/actors (taking into account dietary requirements) during any bookings.
9.2) Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the Studio. The use of the model’s/actor’s image must not be pornographic, derogatory, or a cause of ridicule or embarrassment to the model/actor. The image must not be altered or distorted.
9.3) Subject to the above restrictions, behind-the-scenes filming is permitted on condition that the model/actor is hair-and-make-up ready. Client shall ensure that the model/actor is treated with respect and professionalism and that you take all steps necessary to ensure that the safety, health and wellbeing of the model/actor is protected and maintained at all times whilst providing the services hereunder. Such steps shall include without limitation :
9.3.1) Ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model/actor to provide the services in compliance with all health and safety standards, regulations, codes and laws;
9.3.2) Allowing the model to take suitable and regular rest periods, to ensure the model/actor is able to maintain suitable amounts of rest and refreshment whilst delivering the services.
9.3.3) Providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model/actor whilst the model/actor is delivering the services and travelling to and from your venue as if he/she were your employee.
9.3.4) Ensuring that all the people and organisations which are engaged by you in relation to the delivery of the services are suitably qualified, experienced and professional.
9.3.5) Ensuring that no one imposes upon the model/actor any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model/actor; and
9.3.6) Providing the model/actor with an appropriate changing and dressing area to ensure that the model/actor can prepare for the provision of the services and also maintains his/her privacy.
Always include a credit in the form of “model’s name” @ “Lion Shield Studio”, wherever a
credit is applied.
10) WARRANTIES AND INDEMNITIES
10.1) You warrant and represent to the Studio that :
10.1.1) you have full capacity to enter into these terms and conditions and perform your obligations set out hereunder.
10.1.2) The Form is executed by a duly authorized representative of the client;
10.1.3) You will take all steps necessary to ensure that the model/Actor is protected and treated in accordance with all applicable laws, good industry practice and clause 12 above.
10.1.4) You have all necessary permits, licences and consents to enter into and to perform your obligations under this Agreement and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law, data protection or health and safety requirements in effect from time to time); and
10.1.5) you will promptly disclose to the Studio in writing all necessary information (including without limitation the location and length of the shoot and requirements for any foreign travel) and details relating to the provision of the services to enable the Studio to ensure that the model is suitably prepared and able to perform the services.
10.2) You shall indemnify the Studio and keep the Studio indemnified against all costs, expenses, damages and losses suffered or incurred by the Studio (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:
10.2.1) Any breach of this Agreement;
10.2.2) Any claim brought by a third party against the Studio, as a result of the your acts or
omissions, the distribution of images, in whatever form, outside of the agreed territory and in
breach of these terms and conditions has caused the Studio to be in breach of the terms of an
exclusive agreement with such third party; and
10.2.3) Any breach of any applicable laws and regulations including but not limited to any breach
of applicable health and safety or employment laws and regulations as amended from time to
11) FASHION SHOWS
Catwalk bookings provide the client with the right to make use of a model’s services on the catwalk for the specified show and the right to allow photographers to be present to take photographs and videos of the show on the basis that all such material (or reproductions etc.) is exploited for reporting purposes only. You are responsible for ensuring that all photographers present are aware of this condition and you will procure that they abide by these conditions. If any other usage is required, it must be negotiated and agreed with the Studio at the time of the booking.
12) MUSIC VIDEOS, PROMOTIONAL FILMS
All Fees will be negotiated, structured and paid as agreed on a case by case basis. In normal circumstances, there will be a fee for the shoot plus an additional buyout fee payable by you. If not booking direct, the client (usually the music company) will be invoiced by the Studio as the ultimate client.
13) TEST AND EXPERIMENTAL PHOTOGRAPHY
Unless otherwise agreed in writing a photographer may not use test or experimental photography, or allow others to use, test and/or experimental photographs, or test commercials for commercial purposes.
14) INTELLECTUAL PROPERTY RIGHTS
14.1) Client and/or the photographer, as well as anyone else that may obtain any rights in any images of the models, shall be restricted from any usage beyond that agreed or permitted under the above clauses. You agree and shall procure that the agreement of the photographer to restrict the use and exploitation of the copyright content of the photograph or any other intellectual property rights. If you are not the photographer, you shall draw the terms set out in this Agreement to the attention of the photographer and procure his agreement to them before the shoot commences.
14.2) All rights not expressly granted to you under this Agreement are hereby reserved to the
Studio and/or the model as appropriate. In particular, you acknowledge and agrees that the Studio is the owner or licence holder of all commercial rights and intellectual property rights relating to the model and neither Client or the Studio shall be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model or the Studio other than the rights specifically granted to you under this Agreement.
14.3) Client acknowledge and agree that the Studio and the model may use the images resulting from any booking in any form whatsoever, solely in order for the model and the Studio to promote the model and in the search of future job opportunities for the model. The model and the Studio acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the Form and this Agreement.
15) LIABILITY AND INSURANCE
15.1) Neither party excludes or limits its liability under these terms and conditions for death or personal injury caused by its negligence, fraudulent misrepresentation; or any other type of liability which cannot by law be excluded or limited.
15.2) Subject to clause 19.1, the Studio limits its liability under these terms and conditions, whether such liability arises in contract, tort (including without limitation negligence) or
otherwise, so that the maximum liability of the Agency for all claims under these terms and conditions shall be limited to and shall not in aggregate exceed the total amount of the fees paid or payable to the Studio;
15.3) The studio shall not be liable for:
15.3.1) loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;
15.3.2) Product recall costs;
15.3.3) Failure by the model to attend a booking for whatever reason;
15.3.4) Damage to the client’s reputation; or
15.3.5) Any consequential, special or indirect loss or damage, even if the Studio has been advised of the possibility of such loss or damage.
15.4 Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in this Agreement. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.
15.5) You shall effect and maintain (and ensure that any underlying client effects and maintains) throughout the continuance of this Agreement insurance policies which provide appropriate coverage adequate enough to cover all liabilities and risks of the client that may arise under this Agreement. Such insurance policies shall include without limitation:
15.5.1) Cancellation insurance to protect against the potential liabilities which the Agency and the client may incur as a consequence of the provisions set out under clause 10;
15.5.2) Protection in favor of the model and the Studio in the case of damage, injury or loss be caused by the model’s inability to attend the booking or whilst the model is providing services to the client; and
15.5.3) Travel insurance to cover the activities of the models whilst travelling to and from the location of the services.
16) CONTRACT AND AUTHORITY
Only the Studio shall have the right to negotiate the Fees, matters relating to the use of the model’s image, any other services supplied by the model. Client shall not attempt to negotiate, nor allow others to negotiate, with the models directly. Any agreement obtained from the model by you or a photographer, either verbally or in writing, outside of the scope of this Agreement, shall not constitute a variation of this Agreement and shall not be binding on the model or the Studio, unless and until it is agreed in writing by the Studio at its sole and absolute discretion.
17) GENERAL TERMS
17.1) Nothing in this Agreement reduces the Processor’s obligations under the Principal Agreement in relation to the protection of personal data or permits the Processor to process (or permit the processing of) personal data in a manner which is prohibited by the Principal Agreement.
17.2) Save as set out in clause 1, the Principal Agreement shall remain unaltered in all other respects.
17.3) In the event of inconsistencies between the provisions of this Agreement and the data protection provisions of:
17.3.1) Any other agreements between the parties (including, but not limited to, clause 22 (Data Protection) of the Principal Agreement); and
17.3.2) Agreements entered into or purported to be entered into after the date of this Agreement (except where explicitly agreed otherwise in writing, signed on behalf of the parties), the provisions of this Agreement shall prevail.
17.4) The Controller may propose any amendments to this Agreement which the Controller reasonably considers to be necessary to address the requirements of any Data Protection Legislation. The Processor shall promptly co-operate (and ensure that any affected Sub processors promptly co-operate) with any such variations.
17.5) No person who is not a party to this Agreement shall have any right to enforce this Agreement (or any agreement or document entered into pursuant to this Agreement) pursuant to the Contracts (Rights of Third Parties) Act 1999.
17.6) The Processor shall fully indemnify and keep fully indemnified the Controller against any and all actions, costs, claims, demands, damages, expenses (including legal fees), liabilities, losses and proceedings arising in connection with any breach by the Processor of any of its obligations under this Agreement.
17.7) Should any provision of this Agreement be invalid or unenforceable, then the remainder of this Agreement shall remain valid and in force. The invalid or unenforceable provision shall be either (i) amended as necessary to ensure its validity and enforceability, while preserving the parties’ intentions as closely as possible or, if this is not possible, (ii) construed in a manner as if the invalid or unenforceable part had never been contained therein.
17.8) Without prejudice to any other rights or remedies that the Controller may have, the Processor acknowledges and agrees that damages alone would not be an adequate remedy for any breach of the terms of this Agreement by the Processor. Accordingly, the Controller shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this Agreement.
17.9) No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
17.10) This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of India. Each party irrevocably agrees that the courts of India shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or forma.
18) COMPLAINTS AND DISCLAIMER
Complaints must be reported to the Studio as soon as possible (preferably before the services have been delivered), setting out the circumstances that have given rise to such complaint. Whilst the Studio will use reasonable endeavors to ensure that the models provide a satisfactory and efficient services to clients, as the agent, the Studio cannot be held responsible for a model’s conduct or behavior whilst delivering the services and in this regard the Studio shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model.
19) FORCE MAJEURE
The Studio shall have no liability for any delay in performing or failure to perform any of its obligations hereunder which is due to any matter beyond its control including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, and the Studio’s obligations under this Agreement shall be suspended for so long as such matter continues.
The Studio shall have no liability for any delay in performing or failure to perform any of its obligations hereunder which is due to any matter beyond its control including without limitation fire, floor or catastrophe, acts of God, insurrection, workforce action, war or riots, and the Agency’s obligations under this Agreement shall be suspended for so long as such matter continues.
20.1) Nothing in this Agreement is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties.
20.2) This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
20.3) Except as otherwise expressly provided in these terms and conditions, all representations, warranties, undertakings, agreements, covenants, indemnities and obligations made or given or entered into by the client and the ultimate client under these terms and conditions are assumed by them jointly and severally. Furthermore, you acknowledge and agree that you have not been induced to enter into this Agreement by any representations, statements or promises made or given by or on behalf of the Studio outside of this Agreement.
20.4) Except as expressly set out under this Agreement, nothing shall allow a party to purport to undertake any obligation on behalf of the other nor expose the other party to any liability nor
pledge or purport to pledge the other’s credit.
20.5) Except as and to the extent expressly otherwise specified in this Agreement, the rights and remedies contained herein are cumulative and are not exclusive of any rights or remedies provided by law.
20.6) The parties agree to keep, and to instruct its agents, employees, advisers and subcontractors with knowledge hereof to keep this Agreement strictly private and confidential
and not to disclose any details relating to the same, subject to disclosure in the following circumstances:
20.6.1) to enable enforcement of the party’s rights;
20.6.3) as required by any applicable law
20.7) This Agreement constitutes the entire agreement between the parties and supersedes any previous agreement or arrangement between the parties relating to the subject matter hereof.
20.8) No variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorized representatives).
20.9) Except where these terms and conditions expressly provides otherwise, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999. Notwithstanding the aforementioned, the client acknowledges, accepts and agrees that the Agency has entered into this Agreement for the benefit of itself and the model and accordingly the model shall be entitled to enforce the terms and conditions within this Agreement.
20.10) No failure or delay by a party to exercise any right or remedy provided under this Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
20.11) If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforce-ability of the rest of this Agreement.
20.12) If any provision or part-provision of this Agreement is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
20.13) This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India.
20.14) Each party irrevocably agrees that the courts of India shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
TERMS AND CONDITIONS FOR LION SHIELD STUDIO MODELS/ACTORS.
Lion Shield Studio is a reputed well-known Modeling/Acting and Advertising company with its Indian and global presence. We strictly follow all the National and International standards in Modeling/Acting industry and never compromise in our quality of services. This terms and conditions have come into existence based on few experience with our Models/ Actors and clients. This agreement has been carefully drafted to ensure 100% commitment from the Model/Actor signing up with Lion Shield. This is essential in order to maintain our quality of service where we make no compromises.
Note : Make sure you read the following Terms and Conditions very carefully and agree all the points noted below.
1) TERMS AND CONDITIONS
1.1) Model/Actor agrees to be on time at the shoot or event venue. Suppose, if the shoot / event starts at 10:00 am, then the Model/Actor agrees to be present at the venue at least 30 minutes before on the ﬁrst day of the shoot / event. From 2nd day onwards, Model/Actor agrees to reach 15 minutes before the schedule.
1.2) Model/Actor agrees to inform us immediately or before the shoot schedule if he/she is late because of traﬃc or any problem due to which they are not able to reach on time at the venue. Model/Actor agrees not to give excuses such as but not limited to the following, ‘no balance’, ‘no signal’ or ‘no charge’. If this is the case, then Model/Actor agrees to call from nearby public telephone or known person or relative or friend etc.
1.3) Model/Actor agrees to attend all the phone calls after the conﬁrmation and selection of the Model/Actor for the shoot / event. Model/Actor agrees not to give any excuses such as but not limited to, ‘my phone was in my bag’, ‘my mobile was in silent mode’, ‘my phone was not with me’, ‘my phone was on charging mode’, ‘I was sleeping’. Usually, Lion Shield Studio representative makes three reminder calls to the Model/Actor.
1st reminder call – a day prior to the shoot / event.
2nd reminder call – in the morning or minimum 3 to 6 hours before the schedule.
3rd reminder call – 15 minutes before the shoot / event.
1.4) Model/Actor agrees to inform the Lion Shield Studio about any prior commitment on the day of the shoot. Also, Model/Actor agrees to ensure that prior commitment will not affect the shoot/event.
1.5) Model/Actor agrees to inform us well in advance or at least a day notice if they are not able to attend the scheduled shoot after conﬁrmation. In the absence of informing us, Model/ Actor agrees to pay the losses incurred.
1.6) Model/Actor agrees not to involve in any illegal activities deﬁned by law. If found, Lion Shield Studio has rights to inform concerned authorities to take legal actions against them.
1.7) Model/Actor agrees not to accept any offers provided by the client such as going outside or somewhere else. If Model/Actor accepts and anything goes wrong, Lion Shield Studio shall not be held responsible.
1.8) Model/Actor agrees not to give their home address or phone number but use only Lion Shield Studio address and phone number except for the personal purposes that not related to this Agreement.
1.9) Model/Actor agrees to keep all the information about the clients including the client’s name and remuneration details conﬁdential.
1.10) Model/Actor agrees to keep Lion Shield Studio informed by phone when the job is ﬁnished. If Failing to do so, Then the payment will be kept on hold or not paid.
1.11) Model/Actor agrees not to lie with the Lion Shield Studio/Client in any situation. Phone calls with Lion Shield Studio might be recorded to avoid any kind of confusion.
1.12) Model/Actor agrees to treat the items that he/she is Modelling/Acting with the utmost respect. Model/Actor will be responsible for such outﬁt from the time he/she check out the items to the time He / She check them back in. If the Model/Actor notice anything wrong with the clothing at any time (stain, rip, loose button, etc.), He / She will alert one of the helpers immediately.
1.13) Model/Actor agrees to behave polite and well-mannered. If clients or any other person misbehaves, Model/Actor agrees to inform Lion Shield Studio.
1.14) Lion Shield Studio does not force Model/Actor to work for us or for any of our clients but once work is started Model/Actor agrees to complete the work and not leave in the mid-way. Failing which the payment will be kept on hold or not paid. Also, Model/Actor agrees to compensate for any losses incurred.
1.15) Model/Actor agrees not to accept any gifts or tip from the client. If the client insists, he/ she agrees to inform Lion Shield Studio After getting clearance from Lion Shield Studio, he/she can accept gifts.
1.16) Model/Actor agrees not be spend too much time on phone during the shoot / event. Model/Actor agrees to attend most important calls and calls from Lion Shield Studio.
1.17) Model/Actor agrees not be bring friends or family members for the shoot.
1.18) Model/Actor agrees not to discuss any issues related to shoot / event with the client. He/ She must speak to the Lion Shield Studio contact directly. Especially, payment related issues must not be discussed with the client. Model/Actor agrees that he/she is aware that he/she is being hired by the Lion Shield Studio, therefore, discuss any issues with Lion Shield Studio. If Failing to do so then, the payment will be kept on hold or will be paid after one year without any interest.
1.19) Model/Actor agrees not to deal with the client directly once he/she have worked or attended brieﬁng or given telephonic interview for any client through Lion Shield Studio. Also, Model/Actor agrees not to work for the same client directly or through any other company/Agency/coordinator for the next one year. If the client approaches directly, Model/ Actor agrees to inform Lion Shield Studio.
The term of this agreement shall be made for a period of one year, commencing this date. Model/Actor may terminate this agreement with thirty (30) days written notice, delivered by registered mail to the address listed on the face of this document. If termination notice is received after a booking or placement has been arranged, Model/Actor agrees to honor that booking/placement or else reimburse Lion Shield Studio for any and all costs incurred or revenue forfeited (including such revenue which may be owing to a client due to incurred expenses as a result of Model’s/Actor’s cancellation).
In case any differences or disputes shall arise between the parties hereto in relation to these presents or the rights or obligations of the parties the same shall be referred to an ARBITRATOR for decision and award which shall be binding and conclusive upon the parties. The provisions of the Arbitration and Conciliation Act 1996 and any modiﬁcation there of shall be applicable. All such Disputes shall be within the Jurisdiction High Court.
2) HOW BOOKINGS WORKS ( BOOKING LION SHIELD STUDIO MODEL/ACTOR BY OUR PROFESSIONAL CLIENTS FOR SHOOTS/EVENTS )
Here, For every booking Lion Shield Studio will provide you the booking form in binding with the speciﬁc terms and conditions. Before signing the form you will be provided with every necessary information regarding the event/shoot. However, Once you sing the booking form you will conﬁrm the booking and accept to agree all the terms and conditions related to it. Any amendment and/or variations made to the Form by the client shall not be valid and binding unless the Lion Shield Studio has agreed to such amendment and/or variation in advance and conﬁrmed such agreement by an authorized representative of the Studio signing the Form after the amendment and/or variation has been included on the Form.
3) WORK STRUCTURE AND INVOICE STRUCTURE ( TOTAL PAYABLE AMOUNT BY US TO OUR MODEL/ACTOR ACCORDING TO BELOW WORK STRUCTURE )
3.1) Working period starts By day, where a ‘day’ is an 8-hour period (including one hour for lunch) between 9am and 6pm.
3.2) An extra hour between 9am and 6pm is Paid at the normal hourly rate.
3.3) The appropriate overtime rate is Paid before 9am and after 6pm, being one-and-a half times the hourly rate.
3.4) Saturdays are paid at one-and-a half times the hourly rate and Sundays or Bank Holidays are paid at double the hourly rate.
3.5) Any booking which is over 5 hours will be paid at the day rate as set out in the Form.
4) OUR STUDIO FEES ( PERCENT OF INTEREST WE TAKE FROM YOUR TOTAL PAYABLE AMOUNT )
4.1) Where bookings are negotiated by the Studio in relation to Equity contract TV commercials in India or Other Nation, The Studio will negotiate the model’s fee from which the Studio will take a commission of 20-25.00% of the invoice total.
4.2) In the case of all other bookings including (i) Non-equity contract TV commercials worldwide and (ii) all commercials shot for use outside of India irrespective of where the fee is paid, the Studio fees and model fees will be invoiced by the Studio. Unless otherwise agreed at the time of booking the model disbursement is included at 62.5% and the Studio fee at 37.5% of the invoice total.
5) Value added tax (VAT)
All sums payable under this Agreement are exclusive of VAT and any other similar or equivalent taxes or duties which shall be payable in full without the right of set off.
6) WHEN AND HOW WE PAY MODEL/ACTOR TOTAL INVOICE ( TOTAL PAYABLE AMOUNT )
6.1 Invoices are payable by client within 30 days of the date of the invoice to Studio. thereafter from the total payment Studio Interest amount is subtracted and provided to Model/Actor by Lion Shield Studio.
6.3 All fees for usage are for the right to use the model’s image and, once agreed, are payable whether or not the right is exercised. Unless the Studio speciﬁcally agrees otherwise, in writing, no usage for the model’s image is permitted until the Studio has received payment clients payment in full. The Studio reserves the right to alter payment terms if it deems appropriate, prior to booking.
6.4 Any amounts not paid on time by our clients, in accordance with the relevant invoice shall bear interest for clients and accordingly the interest amount will be added to the Model/Actor payable amount. both before and after any judgment at ﬁve per cent per annum from time to time from the due date until up to and including the date that payment is made in full and such interest shall be compounded and accrued daily.
7) WHAT IF MODEL/ACTOR CANCEL A BOOKING.
Here, Lion Shield Studio is very strict to its work. We do no expect any cancellation from our Model/Actor. But if in case cancellation of booking is only option left by our Models/Actors then the 1/3 amount of the total given or to be given amount is need to be payed by Model/Actor to the Studio as a ﬁne for cancellation. As cancellation leads to loss of studio as well as our respective clients.
8) ENSURING MODEL/ACTOR CARE AND SAFETY
8.1) Here, We ensure that Client takes the responsible for the provision of all meals and beverage requirements of the models/actors (taking into account dietary requirements) during any bookings.
8.2) Nude, semi-nude, see-through, bathing suit or lingerie photography require the express prior written approval of the Studio. We ensure that The use of the model’s/actor’s image by our client should not be pornographic, derogatory, or a cause of ridicule or embarrassment to the model/ actor. The image must not be altered or distorted.
8.3) Subject to the above restrictions, behind-the-scenes ﬁlming is permitted on condition that the model/actor is hair-and-make-up ready. We ensure that model/actor is treated with respect and professionalism by the client Also ensure that client takes all steps necessary for the safety, health and well being of the model/actor is protected and maintained at all times whilst providing the services hereunder. Such steps shall included without limitation :
8.3.1) Ensuring that the venue for the provision of the services and the working conditions are safe and secure and allow the model/actor to provide the services in compliance with all health and safety standards, regulations, codes and laws;
8.3.2) Ensure that Models/Actors are given suitable and regular rest periods, to ensure the model/actor is able to maintain suitable amounts of rest and refreshment whilst delivering the services;
8.3.3)Ensuring that Providing adequate levels of insurance cover to safeguard the health and safety and future earnings of the model/actor whilst the model/actor is delivering the services and travelling to and from your venue as if he/she were your employee;
8.3.4) Ensuring that all the people and organisations which are engaged by client in Shoot/ Events relation to the delivery of the services are suitably qualiﬁed, experienced and professional;
8.3.5) Ensuring that no one imposes upon the model/actor any action or activity which is either dangerous, degrading, unprofessional or demeaning to the model/actor; and
8.3.6) Providing the model/actor with an appropriate changing and dressing area to ensure that the model/actor can prepare for the provision of the services and also maintains his/her privacy.
Models/Actors must always include a credit in the form of @ “Lion Shield Studio”, wherever a credit is applied.
TERMS AND CONDITIONS APPLIED FOR REPRESENTING MODELS/ACTORS ON LION SHIELD
STUDIO WEBSITE OR OTHER SOCIAL PLATFORM.
1) WEBSITE ( FOR USING, PRESENTING, PROMOTING)
1.1.1) Website : http://lionshieldstudio.com
1.1.2) “Model/Actor” : models/actors visiting the Website or using the Platform. Hereinafter also referred to as “you”.
1.1.3) “Portal/Platform” : The area of the Website accessible only with valid credentials and through which registered Professionals/Clients are able to place an enquiry for Model/Actor for a certain job.
1.1.4) “Professionals/Clients” : Agents/Agencies, Photographers, Advertising agencies, Advertising company managers, Movies, Web Series, Short flim casting mangers/producers and other professionals using the Platform.
1.1.5) “External Professionals/Clients” : Agents/Agencies, Photographers, Advertising agencies, Advertising company managers, Movies, Web Series, Short flim casting mangers/producers and other professionals not normally registered on the Platform, who contact us directly.
1.1.6) “User”: Model/Actor or Professional/Client.
1.2) These Terms
These terms and conditions cover the terms on which we make our Platform (including digital content) available to you. Please read these terms carefully before you submit your application to us. These terms tell you who we are, how we will provide the services on the Platform and digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important changes. If you think there is a mistake in these terms, please contact us to discuss.
1.3) How to Contact Us
We are Lion Shield Studio Pvt Ltd. (registered in India) with a trading name of Lion Shield Studio or Lion Shield (hereinafter referred to as “Lion Shield ” or “we”).
You can contact us by making a call to our Support Team or by writing to us at [email protected]
1.4) Contract and Agreement with you
You agree that by clicking on the button “Submit” or “Apply for free” you will complete your application with Lion Shield and at this point, a contract will come into existence between you and us. This agreement includes this user agreement, the privacy notice as well as other agreements, which are presented when you apply for Lion Shield services on our Website or Platform – for example the purchase of annual memberships, which you complete when you select the relevant option, which are given to you once the Lion Shield approves your application on the Website or Platform. After you get approval we provide you the option to get represented on Lion Shield Website for best exposure and promotion by defining all the terms and conditions related to it. Once you agree all the terms and conditions in this agreement. You are represented on Website and other social platforms that Lion Shield owns. Thereafter, We sent you your personal profile link, You can also use the Platform as part of your membership and self promote yourself under the name of Lion Shield ( Terms and Conditions applied).
We assume that you are over the age of 18 years old at the time of registration for the Platform, and if the application is made on behalf of a below 18, you have confirmed that you are his or her legal guardian and have the status of parental responsibility.
Note : Lion Shield Studio do not take any registration fees apart from representing individual Model/Actor on our Web and Other Social platform. ( Fees structure details below refer (.11) Your subscription and fees ).
If any of the information you submit while clicking “Submit” button in the application form of “become a Model/Actor” is incorrect or false , we reserve our rights to immediately terminate this agreement (in which case we will refund the membership fees you have paid to date).
1.5) Access to Services and Benefits
Your profile will be activated immediately after your subscription contract has been concluded and you will receive access to your profile after we have received payment from you.
You may only have ONE Lion Shield profile on the Platform and you warrant to us that your data is authentic.
We may suspend your profile or delete your profile from the Platform if you are in breach of your agreement with us or in breach of any acceptable website use policy published on the Platform from time to time.
We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted (we may, for example, need to suspend access to the Platform to carry out necessary maintenance). We will try and give you reasonable notice of any suspension.
1.6) Third Party Contact/Offers ( By Using Lion Shield Website Link or Other Social Media Links )
You must keep your profile safe.
When you are provided with your personal profile link. Its on you weather to share or not your profile to third party. If you feel to do so you must ensure to share your profile to the right personals ( Terms and Conditions applied ). Here, Your information is as part of our security procedures, you must treat such information very carefully.
In case your willing to take third party offer using your Lion Shield profile web link. You will need to pay 5% of your total payment to the Lion Shield when offer is given/accepted by any third party to you. ( Apart from us ).
Also, Lion Shield can help you to negotiate the offer with third parties if you want us to. Where you can get benefits of including the Lion Shield specialized team, Those will help you to negotiate with third party and offer you the higher paying amount. By taking note of every safety-security and standard measures.
Please note that Lion Shield cannot guarantee that you will be approached or booked by any of
the Professionals/Clients who use the Platform.
1.7) Notifications and Personal Data
You authorize us to contact and notify you through the following communication channels: email, Skype, telephone (including SMS/WhatsApp) and postal services as well as through social media channels (e.g. Facebook, Instagram, etc). We will use the information you provide. You undertake to keep your data updated and to inform us promptly of any changes. When we use the words “writing” or “written” in these terms, this includes emails and digital messages.
1.8) Information you provide & Content you upload to the web platform registration
During your registration and subscription, you may upload content to the Platform (such as text, images, audio, videos, etc.) and share information with us. You represent and warrant that the information you provide in your profile is accurate and that your content does not violate any law or morality or any third party’s intellectual property rights and that any necessary consents required under data protection laws have been obtained and remain in force.
Whenever you upload content to the Platform, you grant us the right to use such content in the course of providing our subscription services to you. You will at all times remain the legal owner of uploaded content, however, by uploading the content to the Platform, you grant Lion Shield a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide licence to host, use, modify, copy or display and create derivative works of your content on the Platform. In addition, you grant us permission to forward your Comp Card and/or Contact Details to External-Professionals/ Clients. Your content will be visible to approved Professionals/Clients. (e.g. Partners, Photographers, Advertising Agencies or Movie-Film Casting Manager). Our licence to use and represent your content on web and other social platform will terminate when your subscription has expired or been otherwise terminated in accordance with the terms of the agreement.
Please note : that your surname, telephone number and email address will not be made available
to other Users on the Platform (i.e web and other social platform). Due to our security and
1.9) Information we Contribute to the Platform
The information you provided us is only officially presented on website or on other social platform when it is approved by studio. Under acceptance of every terms and conditions related to it.
Lion Shield reserves the right to restrict your access if we believe that you have violated one or more of the terms of this agreement.
We are the owner or the licensee of all intellectual property rights that we have contributed to the Platform. Those works are protected by copyright laws and treaties around the world. All
such rights are reserved.
Our status (and that of any identified contributors) as the authors of content we have contributed (excluding the data you have provided) on the Platform must always be acknowledged.
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete, up to date, or serves any particular purpose.
We are not responsible for any websites we link to.
Where the Platform contains links to other websites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
1.10) Scope of Services and Costs
Through the Platform, Models/Actors/Other Talents will be able presented themself to our partners and professional clients. Lion Shield provides the following functions and scope:
Your profile (photos, talents, data such as height, etc.) will be visible to Professionals/Clients.
Favourite: Clients can mark directly as favourites. To their choice during selection for any offer they wish to provide to our Models/Actors/Other Talents.
Professionals/Clients can send enquiry about the offer for any individual Model/Actor/Other Talent. This offer will be first approved and checked by the Lion Shield, Thereafter will be notified
to particular Model/Actor/Other Talent.
You can upload up to 30 photos to your profile/photos are automatically optimised for screen display.
Model portfolio : You can upload photos and update previous experiences, personal information, talents, etc.at any time.
Please note that any modelling/acting jobs offered by Professionals/Clients are strictly arrangements between the Model and the Professionals/Clients. Any jobs or other arrangements for work will be strictly arrangements between you and the Professionals/Clients.
1.11) Your Subscription and Fees (For web and other social platform provided by us for presenting you).
Note : We do not charge any registration fees to be a part of Lion Shield network. As we believe that our talents development is our development. The following fees are only applicable for those who wish to represent themselves on our Web or Other Social Platforms. As considering our website, It runs on highly secure servers with High standards of security. So, It requires regular maintenance and security check for your data protection. Only those fees are taken from you and no extra other charge. Where we regularly do our job to promote every individual Lion Shield Talent.
Your annual membership costs Rs 6000 including VAT for a 12-month period. I.e Rs 500 per month. The cost of your subscription shall be payable in advance, with the first subscription payment falling due on the day the contract is made with us. We will send you a payment link by e-mail so that you can arrange payment via your preferred method and, once received, we will e-mail you personal profile link.
Your subscription will automatically renew on the anniversary of the date on which you first placed your request and we will send you a payment link by e-mail on such renewal date so that you can arrange payment via your preferred method for the next subscription month/year.
If you have any queries about how our subscriptions work, please contact our Support Team. [email protected]
Services requiring payment may be subject to fees, taxes and an exchange rate and will be charged upon via providers of payment services (i.e. (non-exhaustive) PayPal, Google pay, bhim, Visa, MasterCard etc.). Payments are due promptly without deductions. You agree to receive invoices electronically. As a means of payment, Lion Shield offers bank transfer and, depending on availability, means of payment such as PayPal, Credit Card, etc.
1.13) Changes to the Platform
We may make changes to the Platform or the services we provide from time to time to reflect changes to our Models/Actors/Other Talents needs or to reflect changes in relevant laws and regulatory requirements or to implement minor technical adjustments and improvements, for example, to address a security threat. If we intend to make more significant changes to the services or the Portal, we will try to give you reasonable notice of any major changes and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.
Lion Shield is under no circumstances liable for the content, correctness and completeness etc. of data transmitted or retrieved and for data which is accessible via LionShield. In particular, Lion Shield is not obliged to verify the contents for possible violations of the applicable law.
Lion Shield is not responsible for any copyright violation regarding the data i.e Photos, Videos, and information provided by our Model/Actor/Other Talents on Lion Shield web and other platforms. As we believe the data provided to us is fully containing all the required rights.
Should content uploaded by you to the Platform infringe any rights of any third party, we may
delete such content without notice, unless you provide reasonable evidence of your having
obtained the right to use said content.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our
employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If any Client or user of Lion Shield comments on a Model/Actor/Other Talents suitability for a certain job or content uploaded to the Platform. These comments will be considered personal opinions, for which Lion Shield is not be held responsible.
1.15) Right to Cancel your Subscription during Cooling-Off Period (Your right to change your
If you have just changed your mind about a service you have granted from us or you wish to cancel your membership for any other reason, you have a legal right to change your mind within 14 days (i.e. 14 days after the day the contract came into force) and receive a refund without giving any reason.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this agreement within the cooling-off period, we shall reimburse you without delay and no later than 14 days from the date of receipt of notice of your cancellation for all payments
we have received from you. Such refund will be made using the same means of payment that you used in the original transaction unless expressly agreed otherwise with you and in no event, will
you be charged for such a refund. If you had chosen to start receiving the subscription services during the cooling-off period, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.
1.16) Your right to terminate your Contract (outside of the Cooling-Off Period)
Your rights to end the contract with us are as follows:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the service re-performed or to get some or all of your money back) – we are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.
(b) Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are: we have told you about an upcoming change to the services or these terms which you do not agree to;
we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
we have suspended the provisions of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 1 month; or
you have a legal right to end the contract because of something we have done wrong.
(c) In all other cases (if we are not at fault) – in order to terminate your contract with us, you must give us at least 3 months’ before the annual renewal date (as referred to in the section Your Subscription and Fees above).
How To End The Contract With Us (Including If You Have Changed Your Mind) To end the contract with us, please give us your notice by doing one of the following:
(a) email. mail us at [email protected] Please provide your profile name, link, details and, where available, your phone number and email address. On termination of your contract with us, your access to the Platform will cease. Any content related to you uploaded to the Platform will remain subject to the licence granted to us in these terms.
1.17) Our Right To Cancel Your Contract
We may end the contract at any time by writing to you if: you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
you repeatedly breach or have committed a material breach of these terms or any acceptable website use policy published on the Platform from time to time;
you use the Platform in any way that breaches any applicable local, national or international law or regulation, in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, for the purpose of harming or attempting to harm any person, to bully, insult, intimidate or humiliate any person, or to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
In which case (subject to any other express provision of these terms) we will refund your subscription fee for the current billing period on a pro-rata basis (in proportion to what has been supplied in the subscription period).
1.18) General Provisions
You may not assign, transfer, mortgage, charge, sub-contract, declare a trust over or deal in any manner with all or any of its rights or obligations under this agreement without Lion Shield prior
Lion Shield may at any time assign, transfer, mortgage, charge, subcontract, or deal in any other manner with all or any of its rights of obligations under this agreement. We will always tell you in writing if this happens.
Lion Shield reserves the right to amend the terms of this agreement, without giving reasons, unless an amendment is unreasonable to you. Lion Shield shall give due notice of any amendments of these terms to you. If you do not object to the applicability of the revised terms within (6) weeks after receipt of said notice, the terms shall be deemed accepted and approved by you. Lion Shield shall inform you about your right to object (and your right to terminate) and of the relevance of the objection deadline in said notice.
Unless otherwise stated in these terms, you may submit all notices to Lion Shield by sending an e-mail to [email protected]
Statements and information about services or fee-based memberships on the Website or Platform or other advertising materials are intended solely as a description of quality and do not constitute a guarantee or warranty of any quality.
Should provisions of this agreement be or become invalid, void or unenforceable, it shall be deemed deleted, but that shall not affect the validity, legality or enforceability of the rest of this agreement. The parties agree to replace an invalid and/or unenforceable provision with a valid and/or enforceable provision which comes as close as possible to the intent and economic purpose of the invalid and/or unenforceable provision. This also applies to regulatory gaps in the terms of this agreement.
All agreements, subsequent changes, supplements, subsidiary agreements etc. must be in writing with written confirmation by go-models for their validity.
These terms are governed by law and you can bring legal proceedings in respect of the services we provide in the courts. However, note that as a consumer you may benefit from mandatory provisions of the law of the country in which you are resident. Nothing in these user terms affects your rights as a consumer to rely on such mandatory provisions of local law. For example, as a resident of an Indian member state, you may be able to commence proceedings in the courts of that member state.