TERMS & CONDITIONS
Please read the following terms and conditions carefully as it sets out the terms of a legally binding agreement between you (the Model/Participant) and WMH Publishing Agency (WMH).
This is a legally binding electronic document in accordance with Information Technology Act 2000 between Model/Participation and WMH as detailed below.
- Agency means the WMH Publishing Agency the Company or the organization so representing the Model/Participants who have registered for such publication.
- Model means any individual/s and/or potential candidates selected and employed with the Agency, who are part of Assignments conducted by the Agency in connection with displaying fashion clothes of the Agency and representing them in such appropriate forums.
- Magazine means a photoshoot published in a Magazine.
- Franchise means that the company or the organization which has the applicable authorization by appropriate authorities including statutory authorities that enables the company to carry out commercial activities, in strategy for business expansion.
- Terms and Conditions means this term and conditions as applicable and includes any amendments made therein from time to time.
- Advertisers and Sponsors – Advertisers is the company or organization that advertises a model, service, or even communication of an idea of services. Sponsors are the company or organization promoting such services (financially) that is that they pay or contributes to the costs involved in happening of an event and publishin
- Agreement means the contract agreed and executed between WMH and Model/Participant.
Terms and Conditions:
- In the event of any inconsistency, conflict, or ambiguity as to the rights and obligations of the parties on the terms and conditions stated herein and any Ancillary Document, this terms and conditions shall control and supersede any such inconsistency, conflict, or ambiguity.
- The Model hereby agrees that the Agency shall have the exclusive right to use the Model’s name along with the approved portraits and pictures of the Model and may use it for any other commercial purposes as the agency deems fit.
- Model agrees to update the contact details, updated photographs, and any other promotional activities as agreed between parties.
- The Model shall provide full disclosure on any matters related to the Model’s career including any future professional projects undertaken if any.
- The Model appoints the Agency as the sole and exclusive Agent and shall not contract, negotiate, or register with any other third-party agency without prior written consent from the Agency.
- The Model shall, always, act in a professional and ethical manner and shall attend all Assignments punctually. Any acts and/or omissions which constitutes misconduct, dishonesty, insubordination, and any other unaccepted behavior is strictly not acceptable, and the Assignment of the Model may be terminated forthwith.
- The Agency reserves the right to terminate the Model’s contract without notice for breach of the terms and conditions herein including the terms and conditions of the Agreements/Assignments executed between the Model and the Agency.
- The Model agrees to carry out each and every Assignment to the best standard of ability and skill.
- The Model shall comply with all rules and regulations relating to health and safety, and any other general prevention that is needed to be taken care of in or any other location where the assignment is being conducted.
- The Model shall keep the Agency informed of any significant changes around any aspects, regarding any assignments, appearance but not limited to, any change of hair style or color, weight loss or gain or the addition of any tattoo or any other visible feature such as a piercing.
- All images and details reproduced in association with the Agency are supplied by the individual model with consent of the individual model. The Agency cannot be held responsible for any loss howsoever caused by the model misrepresenting themselves in any way. The Model specifically acknowledges and agree that he/she is fully conscious and aware of the nature of the photographs, portraits, images etc developed during the Assignments and warrants his/her consent to appear fully and/or partially nude in some or all of the photographs/portraits etc as the case may be.
- The Model shall not without the consent in writing of a duly authorized representative of the Agent expose, reveal or make public any information in connection with the business of the Agency or the terms of Assignment/ Agreement terms and these Terms and Conditions, all which information is to be regarded by the Model as ‘strictly confidential nature’.
- The Model shall acknowledge that the Agency cannot guarantee that any Assignments are secured and makes no representations to this effect.
- The Model hereby consents for the Agent to use any relevant photographs, images or other information relating to the Model to secure Assignments.
- That is No photographer may be sued in connection with having possession or using the MODEL’s photographs, pictures, or portraits of any kind for commercial purposes as it is understood that the MODEL consented to be taken by the said photographer.
- The Model on accepting the said terms & conditions shall ensure in their best abilities to comply with the same otherwise the Model will be held liable for any losses incurred.
- The Model shall provide a prior written notice of fifteen (15) days to the Agency to withdraw from any Assignment. The Model shall be held liable for any additional costs as a result or failure to comply with conditions of the Assignment. If a model fails to complete an assignment for any reason other than illness (to be evidenced by a medical certificate) then the model shall be liable to pay for costs or losses incurred.
- All images and details reproduced in association with the Agent are supplied by the individual model and/or their associates and with the full permission and consent of the individual model/associates. The Agent cannot be held responsible for any loss howsoever caused by the model misrepresenting themselves in any way. The Agency shall not be liable for any direct loss, consequential or damage suffered by the Model as a result of any negligence, breach of contract or otherwise.
- Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, pandemic, lock outs, accidents, etc., and the party shall be entitled to a reasonable extension of its obligations or the Agency may terminate the Assignment/Agreement with the Model.
- The Model is solely responsible for obtaining all the necessary copyright permits to reproduce their images in association with the Agency. The Agency cannot be held responsible whatsoever for any copyright infringements however caused or associated. All images and details reproduced are taken in good faith from the Models by the Agency.
- GDPR lays down rules relating to the protection of natural persons with regard to the processing of personal data and free movement of personal data. GDPR provides citizens of EU with greater control over their personal data and assures that their information is being securely protected across Europe, regardless of whether the data processing takes place in the EU or not, mentioned under Article 3 of GDPR.
- Consent used as a contractual obligation that is to say that (there is a legitimate interest for storing and using data and that explicit consent is being given), for collecting and storing personal data GDPR requires that a company prove that consent has been granted by a person.
- Digitally record consent,
- State legal basis for storing personal data,
- Store the source from where you got the consent and
- Store when and who has updated the information.
- Transfers of personal data to the country in question will be assimilated to intra-EU transmissions of data and United States of America remains recognised by the European Commission. EU data protection rules apply to the European Economic Area (EEA), which includes all EU countries and non-EU countries. The framework “EU-US Privacy Shield” protects the fundamental rights of anyone in the EU whose personal data is transferred to the United States for commercial purposes. It allows the free transfer of data to companies that are certified in the US under the Privacy Shield.
The Framework includes:
- Strong data protection obligations on companies receiving personal data from the EU
- Safeguards on US government access to data
- Effective protection and redress for individuals
- An annual joint review by EU and US to monitor the correct application of the arrangement.
The EU-U.S. Privacy Shield is based on a system of self-certification by which U.S. organizations commit to a set of privacy principles (that is the EU-U.S. Privacy Shield Framework Principles). It applies to both controllers and processors (agents), with the specificity that processors must be contractually bound to act only on instructions from the EU controller and assist the latter in responding to individuals exercising their rights under the Principles. The protection afforded to personal data by the Privacy Shield applies to any EU data subject whose personal data have been transferred from the Union to organizations in the U.S. that have self-certified their adherence to the Principles with the Department of Commerce.