Terms & Conditions

§1 Scope of Application

These Terms and Conditions apply to all contracts between MKKV - Model, Komparsen & Künstlervermittlungsagentur (hereinafter referred to as the "Agency" or "MKKV") and its members (hereinafter referred to as "Member") regarding the placement of models, actors, extras, and artists. Any deviating terms of the Member shall not apply unless the Agency expressly agrees to them in writing.

§2 Subject Matter of the Contract

MKKV places its members with clients (e.g., advertising agencies, film productions, event organizers) for engagements in the fields of modeling, acting/extra work, and artistic performances. The Agency acts as an intermediary and not as the Member's employer. The contract between the Member and the client is concluded directly.

§3 Membership

(1) Membership with MKKV requires the complete and truthful provision of all data requested in the membership application. The Agency reserves the right to reject membership applications without stating reasons.

(2) Upon conclusion of the membership, the Member will be added to the Agency's placement database. Admission occurs after the Agency reviews the application documents.

(3) The Member confirms that they are at least 18 years old. For minors, the consent of their legal guardians is required.

§4 Membership Fees

(1) Membership is subject to fees. The amount of the monthly membership fee depends on the placement categories selected by the Member:

• Model: €5.99 per month
• Actor / Extra: €4.99 per month
• Artist: €1.99 per month

(2) If multiple categories are selected, the fees are added accordingly.

(3) Membership fees are collected monthly in advance via SEPA direct debit.

(4) The Agency does not charge any commissions or other placement fees. The Member retains 100% of their fees.

§5 SEPA Direct Debit Procedure

(1) The Member authorizes MKKV to collect the monthly membership fees from their specified bank account via SEPA direct debit.

(2) The Member undertakes to keep their account sufficiently funded. Any reverse debit fees incurred shall be borne by the Member.

(3) The Member may request a refund of the debited amount within 8 weeks of the debit date. The deadline begins with the debit entry.

(4) Any changes to the Member's bank account details must be communicated to the Agency without delay.

§6 Placement Activities

(1) MKKV endeavors to actively and successfully place its members. However, there is no entitlement to successful placement.

(2) The Agency decides at its sole discretion which members to propose for specific inquiries, taking into account the information provided in the membership application.

(3) The Member will be informed of the specific terms of any engagement before placement. The Member decides independently whether to accept an engagement.

(4) If the Member declines an engagement without valid reason, the Agency reserves the right to consider the Member less frequently for future placements.

§7 Member's Obligations

(1) The Member undertakes to notify the Agency immediately in writing by email to mitgliederservice@mkkv-ag.de or by phone of any changes to their personal data, contact details, availability, or other relevant information (e.g., body measurements, hair color, tattoos). The Agency will then make the changes in its internal database. There is no separate member area with self-administration.

(2) The Member is obligated to provide truthful information regarding any changes notified to the Agency. False information may lead to termination of the membership.

(3) The Member shall behave professionally and punctually during castings, shoots, and assignments.

(4) Upon accepting an engagement, the Member is solely responsible for fulfilling their contractual obligations toward the client.

(5) The Member is obligated to inform the Agency of successful bookings (including those not arranged through the Agency) upon request.

§8 MKKV's Obligations

(1) The Agency processes the Member's data in accordance with the Privacy Policy and ensures that only authorized employees have access to the data.

(2) The Agency endeavors to actively acquire clients and placement opportunities.

(3) The Agency informs the Member promptly about specific placement inquiries.

(4) In the event of a misplacement (the proposed member does not meet the requirements), the Agency bears the costs incurred.

§9 Data Protection

The Agency processes the Member's personal data in accordance with the GDPR and the separate Privacy Policy. The Member consents to the collection, processing, and use of their data for placement activities. Data is shared with third parties (clients) only within the framework of specific placement inquiries and with the Member's knowledge.

§10 Liability

(1) The Agency is liable for damages resulting from injury to life, body, or health caused by negligent or intentional breach of duty.

(2) For other damages, the Agency is liable only in cases of intent or gross negligence.

(3) Liability for data loss is limited to the typical cost of restoration, unless gross negligence is involved.

(4) Liability for lost fees or assignments is excluded, as there is no entitlement to successful placement.

§11 Term and Termination

(1) The membership begins upon acceptance confirmation by the Agency and is initially for an indefinite period.

(2) The membership may be terminated by either party with 4 weeks' notice to the end of the month.

(3) The right to terminate for good cause without notice remains unaffected. Good cause exists in particular in the following cases:

• Violation of the Member's obligations under §7
• Default in payment of more than two months' membership fees
• Fraudulent statements in the membership application

(4) Termination requires text form (e.g., email).

§12 Right of Withdrawal

(1) Consumers have a statutory right of withdrawal under § 312g of the German Civil Code (BGB). The withdrawal instructions have been provided to the Member separately before concluding the contract.

(2) The Member has expressly agreed that the Agency may begin performing the service before the withdrawal period expires. In the event of an effective withdrawal after the service has commenced, the Member is obligated to pay a reasonable amount.

§13 Referral Program

(1) MKKV operates a referral program for its active members. Members who refer other individuals to become members of MKKV may receive a bonus for doing so.

(2) Requirements for the bonus:

• The referring member is active at the time of payout and has no payment arrears
• The referred member has been continuously active for at least 6 months
• The referred member has no payment arrears
• The referred member has completed membership in the Model (€5.99/month) and/or Actor/Extra (€4.99/month) categories (pure Artist memberships are excluded)
• The referred member has correctly entered the referring member's referrer ID in the membership application

(3) Bonus structure per calendar year:

• For the 1st to 10th successful referral: €10 per referral
• For the 11th to 20th successful referral: €15 per referral
• Maximum payout amount per calendar year: €250

(4) The bonus will be paid out to the bank account registered with the member. Payout will occur after the Agency's monthly review.

(5) An entitlement to the bonus exists only if the referred member has correctly entered the referring member's referrer ID in the membership application.

(6) MKKV reserves the right to change or discontinue the referral program at any time. Already accrued bonus claims remain unaffected by this.

(7) Tax information: The bonus is taxable for the recipient as miscellaneous income under § 22 No. 3 of the German Income Tax Act (EStG) if the total annual amount exceeds €256. MKKV is required to issue a tax certificate if the bonus exceeds this threshold.

§14 Final Provisions

(1) The laws of the Federal Republic of Germany apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.

(3) Amendments to these Terms and Conditions will be communicated to the Member by email. They are deemed approved unless the Member objects within 6 weeks of receipt of the notification.

(4) The place of jurisdiction for all disputes arising from this contractual relationship is, to the extent permitted by law, the registered office of the Agency (Jena, Germany).

(5) For disputes with consumers, there is the possibility of out-of-court dispute resolution through a consumer arbitration board. The Agency is neither obliged nor willing to participate in arbitration proceedings.