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CONDITIONS OF PERFORMANCE and SALE of MODEL CASTING SERVICES
Between: ESTHÉTIQUE MODÈLE Agency (hereinafter referred to as “the Agency” and the aesthetic care laboratory and/or health professionals (hereinafter referred to as “the Client”)
AND BEING PREVIOUSLY EXPOSED:
The Agency acts as a caster for health professionals in France, Europe and internationally for the search of female and male models for training events and workshops and demonstrations of aesthetic care and treatments for the face and/or body such as (non-exhaustive list) Hyaluronic acid injections, botulinum toxin injections, tensor threads, mesotherapy, laser, peeling, cryolypolysis… The intervention of Esthétique MODELE Agency is therefore aimed at putting in contact people seeking to benefit from aesthetic care with health professionals (laboratories and doctors) wishing to organise training and demonstration workshops.
In addition, the agency can be brought to cast models for the demonstration of material such as medical devices like (non exhaustive list): cryolipolise machine, face massage, ultrasound scanner, …. Any equipment that can be used for educational or commercial demonstration to a public of health professionals, at a conference, for example, or in a training workshop in a clinic.
This casting activity is carried out via the website www.medical-casting-agency.com, which collects the Client’s requests and the models’ registrations Commercial exchanges are carried out by sending and receiving emails.
The Agency acts exclusively in the role of case manager and leaves the Client responsible for the patient-doctor relationship and all medical procedures. The Client undertakes to have taken out all the necessary insurance cover for the smooth running of the event, for which he will be entirely responsible. The Agency declines all responsibility for the patient/doctor relationship as well as for the conduct of the workshops. Advice and medical diagnoses are the sole responsibility of the Client and the doctors involved..
The Client intends to use the services of the Agency, under the conditions set out below, to find candidate models who will take part in training workshops and demonstrations of beauty care and treatments.
IT IS HEREBY AGREED AS FOLLOWS:
1. ON THE SERVICES; ESTHETIQUE MODELE, IN ITS CAPACITY AS CASTER, HAS AS ITS MISSION:
1.1 The search for male/female model candidates over the age of 18..
1.2 The selection of profiles that most closely meet the needs described by the Client..
1.3 Checking the availability of the model on the date of the event.
1.4 Transmission of a deliverable by email, containing general information on the preselected model candidates together with their photographs.
1.5 Transmission to the pre-selected model of information relating to the workshop: date/place/time of appointment according to the information transmitted by the client.
1.6 Forwarding to the selected model candidate: the Client’s presentation brochures, or forms to be completed. The Agency’s candidate search mission begins and is carried out solely in the following manner: The Client fills in the application form directly on the website www.medical-casting-agency.com, under the heading Espace Pro / Make a request.
1.7 Receipt and study of your request by our commercial services.
1.8 Drawing up and sending the estimate by e-mail.
1.9 Validation and electronic signature of the estimate by the Customer via the e-mail sent from our platform presenting the offer and the general terms of sale.
1.10 Upon receipt of the signed quotation and the deposit, we begin the search for available model candidates who meet the selection criteria: indications, age, date, location, workshop schedule.
1.11 Contact with the model candidate and transmission of the information provided by the Client.
1.12 Validation by the candidate of his/her availability on the date of the workshop.
1.13 Finalisation of the search by sending the Client a document
with information on the candidate(s).
1.14 Validation by the Client of the candidate model after consultation of the file or refusal (see special conditions of execution – model refusal).
1.15 Confirmation with the model that he or she has been selected by the Client.
1.16 Transmission to the model, (if they have been communicated to the Agency beforehand), of information relating to the event: Date / place / time / nature of the workshop / name of the client organising the workshop
1.17 The model must receive clear and precise information from the Client about the medical procedure he/she will receive.
1.18 Esthétique Modèle is not involved in the treatment received by the model, and it is the Client’s responsibility to inform the patient and obtain his or her informed consent, by signing a document equivalent to an Agreement related to the medical procedure and the products used, or more commonly called a Patient Agreement, by which the model agrees, after having received precise information on the nature and consequences of the aesthetic procedure to be performed, to undergo this procedure.
2. PRICING
Within the framework of a model search mission, the pricing is defined according to the characteristics and the complexity of the request of the criteria below:
3. CANCELLATION / REFUND
4. RESPONSIBILITY OF THE CLIENT
4.1 The Client is responsible for organising the training and demonstration workshops with their specialist practitioners. The Client, having confirmed the final choice of the candidate presented by the Agency, will consequently be the only one responsible of the model for the medical service that the latter will receive and its consequences.
Nevertheless, the Agency may have to contact the Client again, on behalf of the model, if complications arise after the operation.
4.2 The Client undertakes to take care of the selected model by:
4.3 The role of the Agency’s Project Managers is to ensure that the workshop runs smoothly. In no way can they be involved in the medical intervention on the model, or even in the preparation of the tools to be used.
5.1 RESPONSIBILITY OF THE AGENCY
5.1 It is expressly recalled that the Agency’s intervention is solely aimed at finding a model, pre-selecting her/him, putting her/him in contact with the Client, and negotiating the transfer of her/his image rights.. The model is solely responsible for the information and photographs that he or she communicates to the Agency and consequently to the Client; the Agency shall not be held responsible for any erroneous information transmitted by the model and/or for the model’s failure to comply with the photographs transmitted.
5.2 Insofar as the model selected by the Client voluntarily undertakes to honour all the consultations scheduled by the Client, the Agency shall not be held liable for the selected model’s withdrawal, absence from the scheduled appointment and/or reasons given for declining to attend the workshop. However, and insofar as possible, the Agency undertakes to look for a model in the event of the withdrawal of the first model, within a time limit of 24 working hours.
5.3As the Agency acts as a caseworker, it cannot claim to be a medical expert. The Agency may, however, transmit the Client’s information deliverables to the model.
5.4 The Agency declines all responsibility for any post-injection and/or post-intervention reactional complications resulting from the acts performed by the doctors during the workshop organised by the Client. The Client is solely responsible for the medical follow-up, and undertakes to provide the candidates with all the information relating to the service linked to the said follow-up: call number of the medical team, possibility of a post-treatment appointment…
The Agency shall not be held liable for any error in diagnosis, post-procedure complications, or for any error in the choice of products used.
6. TIME LIMITS FOR THE RECEIPT OF ASSIGNMENTS:
URGENT DEADLINE:
7. CASE OF REPLACEMENT OF A MODEL:
In the course of a search, the Agency proposes 1 candidate. If this candidate is refused, the Agency will present a new one. Beyond 1 model, the calculation is made according to the indicator table below.
From 1 to 3 models: 1 additional model without charge.
From 4 to 7 models: up to 2 additional models without charge.
Further quotations on request.
8. IMAGE RIGHTS
8.1 Insofar as the Client wishes to organise a photo shoot and/or film a before/after injection and/or aesthetic procedure, the Client must first describe his project to the Agency, so that it can take note of the modalities: type of media, planned distribution channels, print media, TV, poster campaigns, social networks, training films, promotional films, the desired duration of use of the model’s still or video images, as well as the territory (country, Europe, or the world…)
The Agency, upon learning of the project, will discuss with the model and negotiate his or her image rights for an amount proportional to the terms transmitted.
8.2 In the event of undeclared use of the model’s image (photos, videos) by the Client, rights related to the use of the model’s image may be demanded.
8.3 Any document transferring image rights from the Client to the model must be submitted to the Agency for approval beforehand.
8.4 In the event that the Client cannot be certain of the proposed use of the model’s image, a fixed price proposal for the transfer may be negotiated with the model and proposed during the project
9. EXCLUSIVITY
9.1 It is expressly agreed between the parties that all contacts obtained via the Agency’s database remain the sole property of the Agency.
9.2 The contact of the model provided cannot be kept and the Client cannot contact the model directly for a new workshop. The Client undertakes not to offer a workshop directly in any way whatsoever. Any failure to comply with this obligation may not only result in prosecution, but also in a tripled charge for the model used.
9.3It is expressly forbidden to include in a database the contact details of models obtained through the Agency and to contact them, even in the context of a newsletter promoting the Client’s brand.
9.4 Nevertheless, the models’ contacts may be provided in order to respond to any emergency concerns related to the workshop but may not be used for the purposes listed in paragraphs 9.2 and 9.3 of these terms and conditions.
10. REFERENCE COMMERCIALE
Le Client autorise Esthétique Modèle à citer son nom et/ou reproduire son logo dans ses documents commerciaux et annonces de presse et ce sous quelque forme et support que ce soit ; Ainsi qu’une communication de certains documents aux modèles à titre informationnel.
11. APPLICABLE ACT
The contract is governed by French law Any dispute in connection with the operations arising from the present condition of execution shall be submitted to the Commercial Court of the jurisdiction in which the Agency’s registered office is located (Antibes 06 – France).