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STANDARD
NON-EXCLUSIVE MANAGEMENT CONTRACT
AGREEMENT dated _____________ by and between Models Modeling, Inc., a Florida Corporation, with an office for business located at 3000 Island Boulevard, Suite 1404, Aventura, Florida 33160 (hereinafter called the “Company”), and ________________ who resides at __________________________ (hereinafter called the “Model”) (jointly called the "Parties").
WHEREAS, the Company maintains an Internet Web Site called www.modelsmodeling.com (hereinafter called the “Site”) and is in the business of finding, publishing, exposing, managing and promoting models and aspiring models thereon to modeling agencies, photographers and/or end users of modeling services;
WHEREAS, the Model wishes the Company to display and publish Model’s photographs and personal statistics on the Site, to non-exclusively manage Model’s career and to procure bookings for Model from modeling agencies, photographers and/or end users of modeling services pursuant to the terms and conditions of its Schedule of Services annexed hereto and this Agreement; and
WHEREAS, the Company wants to, display, expose and promote the Model on the Site and to non-exclusively manage the Model’s career pursuant to the terms and conditions of its Schedule of Services and this Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:
1. MODEL’S CHOICE OF EXPOSURE PLAN. The Model hereby selects ___________ and shall pay to Company the sum of $___ as full and complete payment therefore.
2. WARRANTIES OF MODEL. Model represents, warrants and agrees:
a) Model is over eighteen (18) years of age and has read and understands this Contract or this Contract has been read and understood by Model’s legal guardian;
b) Model has truthfully answered and completed the Questionnaire attached hereto as Exhibit “A,” understands Company will rely thereon and any false or untrue information supplied to Company could inhibit or hamper Model’s career;
c) Model shall comply with and abide by any agreements Model now has or shall have with any modeling agency or like entity; and
d) Model is fully authorized to provide Company the right to publish and expose Model’s photographs and personal statistics on the Site.
3. WARRANTIES OF COMPANY. The Company warrants and represents:
a) Company is a lawfully organized Florida Corporation and has complied with all laws, rules and regulations of the State of Florida;
b) Company shall use its best efforts to maintain the Site in good working order, however, the Internet is a relatively new business venue and Company cannot guarantee that the Site will be functioning properly at all times;
c) Company shall exclude all pornography and/or smut from the Site; and
d) Company shall use its best efforts to publish, expose and manage Model but shall not be required to exclusively represent Model.
4. DUTIES OF MODEL. The Model agrees to and shall:
a) Attend a photographic session with a photographer supplied by the company as soon as possible:
b) Comply with all directions given Model by said photographer with regard to photographing the Model, however, nothing contained herein shall require Model to remove clothing and/or engage in any unprofessional conduct;
c) Permit the Company to utilize any photograph of Model shot by a Company affiliated photographer for advertising purposes; and
d) If requested, meet with the photographer and/or the Company to select photographs for inclusion on the Site, however, the Photographer and the Company shall have the final word in the event of a disagreement between the Parties concerning the inclusion of certain photographs on the Site and so long as the photographs contain proper exposure and camera settings, Model may not object to the inclusion of any photograph on Model’s personal web site and Model may not cancel this Contract on the basis of improper and/or objectionable photography.
5. DUTIES OF COMPANY. The Company agrees to and shall:
a) Furnish Model with the names, addresses and telephone numbers of at least three (3) professional photographers affiliated with the Company and located in Model’s geographic area;
b) Exhibit a personal web site on the Internet for Model containing the number of photographs corresponding to the Plan chosen in Paragraph 1 hereof;
c) Assign a personal Career Advisor to Model for a period of one(1) year;
d) Comply with all other requirements of the Plan chosen by Model; and
e) Use its best efforts to non-exclusively manage model, procure bookings for Model and pass along all offers of employment and/or agency affiliation to Model as soon as possible after receipt thereof by the Company; however, Company makes no representation or warranty that Model will receive any offers of employment or bookings or agency affiliations as a result of Company’s efforts.
6. NON-EXCLUSIVE MANAGEMENT PROVISIONS. The Parties agree:
a) Company shall not spend all of its time representing and managing Model and may represent other models simultaneously;
b) Model shall pay to Company ten (10%) percent of Model’s earnings from any bookings in the modeling and talent fields obtained for Model by Company; and
c) In the event payment is sent directly to Model, Model shall remit a check for the appropriate amount to Company at the address listed above within five (5) days of receipt thereof by Model and in the event payment is made to Company, Company shall remit all funds due Model within five (5) days of receipt thereof to Model by regular mail at the address listed above.
7. TERM AND TERMINATION OF CONTRACT.
a) This Contract shall be for a term of one (1) year from the date written above and shall automatically renew for additional one (1) year terms unless cancelled by either party hereto by certified mail, return receipt requested, at the addresses listed above;
b) Company expressly reserves the right to terminate this Contract for any reason whatsoever and to not publish, expose or display Model’s photographs on the Site; in that event, Company shall so notify Model and return all moneys paid by Model to Company within ten (10) days of such notification.
8. ENTIRE AGREEMENT. This Contract represents the entire agreement between the parties and may not be modified or amended except in a writing duly executed by both Parties hereto.
9. JURISDICTION AND VENUE.
a) This Contract shall be construed under the laws of the State of Florida; and
b) In the event of a dispute between the Parties, venue shall lie in Dade or Broward County in the State of Florida.
WHEREFORE, the Parties have executed this Contract as of the day above written.
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