Terms & Conditions

Terms and Conditions

1. General Terms

1.1. The following provisions are intended to govern the legal relations between models, FYE Management, and the respective clients in a binding manner unless other agreements have been expressly made for specific cases.

1.2. Any agreement entered with FYE Management is subject to the provisions of these terms and conditions. The Agency shall make declarations to the client in the name and on behalf of the model.

1.3. All contracts must be agreed upon in advance between the agency and the booker/client. No agreements, contracts, consents, etc., may be signed by the model without the agency’s presence. The billing address and the person responsible for payment: These shall be communicated to FYE Management Models as soon as possible so that no confirmation needs to be completed at the last minute. A VAT number is always necessary for foreign invoices.

1.4. This consent is for a maximum of six months from the first exposure time, and it should not be initiated later than six months after publication. A buyout must be requested if the material is used for more than six months. If such an agreement is not reached, the right to use the material ends six months after the photo shoot/filming, even if the client pays reproduction fees.

1.5. The model’s consent for participation is valid; however, only provided that both the fees for working hours and the reproduction fee requested by the agency have been paid. The agency is not responsible for the model appearing in any context inappropriate for the client. If the client wishes to change the pictures and/or use the photos during the photo shoot, this must be promptly notified/discussed with the agency. The model has the right to cancel the shoot immediately if the work does not correspond to what was stated in the booking. This will always go through the agency, and the agency will then contact the client. Any cost of interrupted photography is the responsibility of the client.

1.6. Neither party may use, divulge, or communicate to any person any confidential information that regards the other party, which may come to its knowledge.

1.7. Underwear: The specified fee will be 50% supplemented for photographing and displaying underwear, swimwear, sports bras, and bikinis.

1.8. Full-Service Agency: FYE Management is a 360-degree model agency that handles all aspects of a model's assignment, including arranging makeup artists, photographers, accommodation, flights, and any other services necessary for the successful completion of the assignment.

2. Model Categories

2.1. New Face: These are new and upcoming models with little or no experience, typically just signed to the agency. They are in the initial stages of their modeling careers and are being introduced to the industry.

2.2. Development: These models are gaining experience and have started working in various modeling fields. They are professional and understand how the industry operates, though they may not yet have a full portfolio covering all types of modeling work.

2.3. Mainboard: Top-tier models with extensive experience across a wide range of modeling jobs. These models have been in the industry for many years and bring high expertise and professionalism to their assignments.

2.4. Geographical Placement:

2.5. Placed Models: These are models for whom FYE Management holds exclusive booking rights within a particular market. This exclusive arrangement ensures that these models are only booked through FYE Management for that region.

2.6. Direct: These are models who can be booked directly as they do not live in Scandinavia, work full-time as models, and are almost always available. Due to their location and professional commitments, these models typically do not attend castings without a fee.

3. Agency Fee/Commission/Photo Usage Rights

3.1. a 20% agency commission is charged in addition to the fees.

3.2. Half-day bookings: Working hours are up to 5-6 hours maximum.

3.3. Full-day bookings: These are valid for 9 hours for models (1-hour lunch included) and are charged as soon as the 6th hour begins. Working hours are up to 9 hours; then, overtime will be charged per hour.

3.4. "Client" refers to any person, legal entity, or representative entering into a Booking Agreement with FYE Management to procure any of FYE Management's offered services.

3.5. "Material": All images, still and moving, also including behind-the-scene shots that originate from a specific session in which a model or makeup artist from FYE Management is recognizable. Any sound recorded on set is regarded as part of the material.

3.6. "Session": Collective reference to the actual period of time in which the photo shoot, recording of any material, shows, or representations takes place.

3.7. "Option": Options are reservations subject to a binding date.

3.8. "Confirmed": Any confirmed options are binding for both parties. FYE Management must promptly confirm them in writing at the client's request, indicating essential details.

3.9. "POS" and "point of sale": POS is limited to using the material in stores owned by the licensee, shopping complexes, or buildings that include the licensee’s stores. This does not include material in windows, on the front of the door, on banners hung in the store, etc. If the store is located in a shopping complex, the shopping complex will be perceived as outside.

3.10. "Outdoor", "OOH", and "Out of Home": Outdoor includes the use of the Material outside the areas of the Client's point of sale. It is limited to use outside the physical stores; this could be, but is not limited to, billboards, posters at bus stops, material printed and put directly on buses or in windows, etc.

3.11. "Online": This includes the right for the Client to use the material online on any web pages owned by the Client, such as websites, blogs, etc. It does not include third-party banners and Social Media.

3.12. "Catalogue": Includes the right to use the material in physical and printed catalogs. The client can only use the material for physical and printed catalogs owned and made by the Client.

3.13. "Digital catalogs": This includes the right to use the material in Client digital catalogs. This includes, but is not limited to, digital catalogs in their core meaning, as well as showcasing the digital catalogs at monitors in the licensee’s store or in stores that keep the licensee’s brand.

3.14. "Advertising": Includes the right to use material POS, OOH, Online, Social Media, Catalogue, and Digital catalogs freely and unimpeded in advertising for the Client. This also includes the right to show the material in third-party catalogs. This means that third parties may use the material for a maximum of 6 months. If a third party wants to have a relocation of the use of the material, a buyout must be requested. For example, if video production is made, the agency must know which versions will flourish due to buyouts. The client can negotiate the buyout rights and prices before the production takes place and add it to the deal. If no negotiation about a buyout happens during the booking, an extra buyout fee will occur for extended rights/territory after the rights end. The buyout price will be 100-120% of the model fee if the client wants to add or extend any rights.

3.15. "Print": This includes the right for a licensee to use the materials in printed versions, such as flyers, postcards, business cards, etc. This is limited to print in-store, which prevents using OOH.

3.16. "E-com" includes the rights to use the material for the licensee’s e-commerce, such as a webshop or Instagram business where customers can shop directly from the picture. This does not include the right to use the material for banners and other digital uses.

3.17. "Social Media": This includes the right to use material on Social Media owned by the licensee, such as, but not limited to, YouTube, Facebook, Instagram, Twitter, etc.

3.18. "Cinema": Includes the right to use the material in commercials before movies at the cinema in agreed-upon areas.

3.19. "TVC" and/or "TV commercial": Includes the right to use the material for TV and commercials in accordance with what the material is created for.

3.20. "Full Buyout": Includes the right to use the material in all media aspects in accordance with what the material is created for.

3.21. "Internal usage": This is limited to in-house physical and online use with limited access for employees, which could, e.g., be for training purposes. It does not include the right to use it in a way that makes it public to people or entities outside the company.

3.22. "BTL," "Below the line": This includes all the above-mentioned terms except TV, Billboard, Print, and Cinema.

3.23. "ATL", "Above the line": Includes all above-mentioned media.

4. Working Hours

4.1. Working hours shall begin when the model meets the client at the agreed-upon location and time. Preparations such as makeup and hairstyling shall count as working hours.

4.2. Travel with the client from the hotel to the place of work (location) and back again shall be included in the working hours. This means that if a model takes a taxi, he/she must receive compensation. Travel time amounting to a maximum of one hour per day shall be considered a favor and not be considered.

4.3. Overtime: Hourly rates for overtime are 20% of the agreed daily fee.

4.4. Unsocial working hours: Between 21:00 and 06:00, a 50% unsocial working hours supplement is charged.

4.5. Provisional reservation: Provisional reservations not confirmed within 24 hours before starting work are considered canceled.

4.6. The agreed daily shoot fee cannot be renegotiated or reduced due to the session's early completion.

5. Cancellation

5.1. The contract must be signed no later than 17:00 two full business days before starting work. Cancellation one day before is charged 50% of the fee.

5.2. Cancellation on the day of the job will be charged at the full fee.

5.3. Cancellations of bookings that require travel and overnight stay shall be made by 14 full days* before the work is planned to take place. The customer pays for the cancellation of tickets, hotel, etc.

5.4. When the Agency confirms the booking, the customer agrees to pay the Agency fee, the Model fee, and any other agreed-upon cost (such as hairdresser, hotel booking, etc.).

5.5. If the booking has been moved many times or in any way not accomplished, and you have a contract/deal, the agency will charge 50% of the fee for lost earnings plus a 20% agency fee.

6. Bookings/Travel

6.1. If the weather is a prerequisite for the job, this must be mentioned when booking.

6.2. Travel and subsistence: When working in Sweden but outside Greater Stockholm, the customer pays for travel and accommodation and subsistence allowance in accordance with applicable standards. Taxis are paid by the customer if necessary. When traveling by car, mileage will be charged according to current tariffs:. A travel time allowance may sometimes be charged if the model has a long journey. The customer pays for flight, boat, or train tickets and the cost of hotels, taxis, luggage, and vaccinations.

6.3. When the agency makes travel arrangements, these are invoiced at cost plus a service charge based on 10% of the agency’s expenses.

6.4. If a model cannot fulfill a booking due to Force Majeure, including but not limited to illness, missed or canceled flights, or any other unforeseen circumstances, the agency's responsibility extends to offering a suitable replacement model. The agency is not financially responsible for meeting the client's needs. Furthermore, if an alternative travel arrangement is required to prevent a model from missing a job due to Force Majeure, the client assumes financial responsibility for all associated travel costs. Should the cost of this alternative travel route exceed 400 Euros, the agency will notify the client, and the client's explicit confirmation will be sought to cover the additional expenses. It is the agency's responsibility to diligently explore alternative travel options in cases of Force Majeure to minimize any inconvenience to the client. We recommend our clients consider appropriate insurance coverage to mitigate the impact of such unforeseen circumstances. This ensures a seamless and professional working relationship while addressing the needs and responsibilities of both parties.

6.5. According to Force Majeure, the agency has full authority to move the booking if the travel has been canceled/moved because of natural disasters, war, pandemics, rebellion, civil disobedience, or terrorism.

6.6. Flight and Accommodation Costs: In cases where a client does not have a budget for accommodation and flights, it is the model's prerogative to accept or decline the booking under the condition that these costs will be deducted from the model's fee. This arrangement will always be clearly communicated in the booking, and the model ultimately decides to accept these terms. The agency does not make this decision on behalf of the model.

7. Payment Conditions

7.1. The billing address and the person responsible for payment: These shall be communicated to Management as soon as possible so that no confirmation needs to be completed at the last minute. A VAT number is always necessary for foreign invoices.

7.2. Rights of use will not be granted until the agreed fee has been paid. Any usage before the agreed amount has been fully paid is prohibited.

7.3. When clients confirm a booking, a credit check might be performed. FYE Management reserves the right to require advance payment from new clients or if there is any uncertainty regarding the ability to pay. Please provide us with enough advance notice so there is time to get information and make an advance payment.

7.4. The payment term is ten days for customers who are approved to be invoiced. After that time, interest is charged 8% above the Swedish central bank’s (Riksbank) current benchmark interest rate (bank rate). If the invoice is submitted to a collection agency or enforcement authority for payment, charges will be made for this. Anyone who books models and invoices such costs onward to their client is required to guarantee the necessary funds for payment to the agency. Non-payment to the customer is the customer’s responsibility and does not constitute an exemption from paying the agency.

7.5. Objections to invoices should be made within seven days from the invoice date. Only on-time objections or objections to invoices already paid will be accepted even if they relate to reproduction fees for canceled campaigns, etc. The agency may not subsequently claim back salaries paid from the models; this also applies to salaries/fees relating to the rights of use for canceled campaigns. Refunds or credit of fees already paid to the model will not be authorized.

8. Legal Rights

8.1. Reproduction fee (payment for rights to use the image):   8.1.1. At the time of booking, the client's responsibility, without due warning, is to give the context and the extent to which the image/film material is to be used in contexts other than that stated in the booking. Providing pictures to photo agencies for resale is prohibited. All use must be agreed upon with the agency in advance. Additional use must be communicated to the agency before publication. Any use not agreed upon in advance will be charged as an extra. For extended use, which has not been agreed on in advance, the agency reserves the right to demand compensation for damage done to the model or other clients. This is especially true if the non-agreed use breaches the exclusivity acquired by another customer. If a specified total price includes both the working and usage rights, no partial credit is available even if the client decides not to use the material or use it less than planned.

8.1.2. The material may not be used in contexts other than that stated in the booking. Providing pictures to photo agencies for resale is prohibited.

8.1.3. All uses must be agreed upon with the agency in advance, and additional uses must be communicated to the agency before publication.

8.1.4. Any use not agreed to in advance will be charged as an extra.

8.1.5. For extended use, which has not been agreed on in advance, the agency reserves the right to demand compensation for damage done to the model or other clients. This is especially true if the non-agreed use breaches the exclusivity acquired by another customer. If a specified total price includes both the working and usage rights, no partial credit is available even if the client decides not to use the material or use it in less than planned.

8.1.6. Self-promotion: All artwork (photography and/or film) may be used by the model and/or model agency as work samples to promote the model and/or agency. This applies to all media, including digital format, the agency’s website, the model’s portfolio, the model’s set card, or other printed materials to market the model/agency.

8.2. We only provide the model with two free updates each year. If the model cancels the contract after using these two free occasions, you will be charged 600 SEK for using our free service.

8.2.1. If the model has used the two free occasions and wants to take new polaroids, the cost is 300 SEK/appointment.

8.2.2. The model guarantees a portfolio of at least five Polaroid pictures/occasions.

8.3. No waiver of these terms and conditions shall constitute a waiver of any other provision(s) or the same provision on another occasion.

8.4. The client shall undertake to make alterations or supplements to the bookings and deviations from these terms and conditions only after prior consultation with the agency and shall refrain from enjoining the models to alter or make additions to the bookings during the days of work.

8.5. The court of Stockholm shall have exclusive jurisdiction to settle any claim or dispute that might arise out of or in connection with our terms and conditions.