Framework contract for contractors

Framework Agreement for Contractors

(as of 21 October 2026)

NOTE. For reasons of readability alone, the German original of this agreement uses the generic masculine throughout. Female, diverse and all non-binary persons are of course equally addressed by this agreement.

§ 1 Scope of application

(1) This framework agreement applies to all contracts between the hostess GmbH, represented by Mr. Markus Demir, Kreuzstraße 34, 33602 Bielefeld, hereinafter the “Agency”, and those persons who register with the Agency as contractors or who, following a completed registration, conclusively accept a booking confirmation (hereinafter the “Contractor”). The contract applies as a framework agreement for all orders placed by the Agency and accepted by the Contractor and in particular also governs the duties applying toward the Customer for each order.

(2) Amendments to this framework agreement are only permissible by the concurring declaration of both parties in text form, whereby an amendment on the part of the Agency is possible solely through its management. The Agency reserves the right to change the conditions regularly, which the Contractor accepts by accepting a booking that refers to the new conditions.

§ 2 Subject matter of the contract

(1) For the duration of the contract, the Agency undertakes the placement of the Contractor. In doing so, the Agency endeavours to place the Contractor with customers for the purpose of providing hostess, presenter, promotion and model services. In principle, no success is owed.

(2) For the proof and placement of contracts (orders) between the Contractor and the Customer, the Agency will receive a commission, which is invoiced to the Customer.

(3) The placement can take place either in the form of a placement as a self-employed Contractor of the Customer or in the form of a placement into an employment relationship. The specific choice of the placement activity is determined between the parties on the basis of the Customer's wishes and the status of the Contractor.

(4) If the Contractor is placed into an employment relationship, the Contractor is themself obliged to review the employment law provisions proposed by the Customer and to conclude the contract. The Agency's activity is always limited to brokering contact.

(5) If the Contractor is placed as a self-employed person, they must invoice their service to the Customer and are themself responsible for all further tax matters.

(6) The frequency of orders depends on the demand for the respective type of Contractor, so that no specific statement can be made about it. If the Contractor does not receive any orders placed by the Agency due to a lack of demand on the part of customers, this does not lie within the Agency's sphere of responsibility, and the Agency is therefore not obliged to provide any compensation or other service.

§ 3 Registration

(1) In order to be included in the Agency's roster and thus be considered for any order enquiries, the Contractor must send a corresponding request to the Agency (e.g. via the web form). The Agency will then guide the Contractor through the registration process.

(2) True and correct information must be provided during registration. All mandatory fields must be completed, the framework agreement accepted and the required data protection consents given.

(3) Registration is only permitted for natural persons who are of legal age and have legal capacity. Registration may only take place in the exercise of a commercial or self-employed activity.

(4) The registration only becomes effective once the Agency confirms it, in particular by uploading the Contractor's data or photos. However, the Agency is entitled to refuse or revoke the Contractor's registration without giving reasons, in particular if, in the Agency's opinion, the Contractor cannot be marketed profitably.

(5) The Contractor can revoke the registration at any time, but this has no effect on order relationships that are already in progress.

§ 4 Services of the Agency

(1) The Agency undertakes the internet publication for the Contractors and promotes them to potential clients, whereby the Contractor is present and bookable via the database, regionally to worldwide (depending on the Contractor's wishes), for a wide range of clients from the trade fair, promotion and advertising industry.

(2) The Agency's services comprise the following.

a. Creation, revision and maintenance of the Contractor's public presentation on the website http://www.the-hostess.de/

b. Enquiries and bookings via the Agency (personal contact details remain anonymous)

c. Placement service between Contractor and client

d. Invitations to castings & events

e. Advice, promotion and support of the Contractor in everyday business

§ 5 Booking process

(1) In the event of a customer enquiry, the Agency will send the Contractor an email with a specific booking request. The booking request shows all details of an order, such as the remuneration to be paid by the Customer, a specific description of the service, the date, etc. If the Contractor needs further information, they can contact the Agency.

(2) In addition, as part of a booking request, the parties already discuss whether the placement of a contact as a self-employed Contractor or the placement into an employment relationship is desired.

(3) The Contractor is entitled to decline orders from the Agency at any time. No justification is required for this. However, if the Contractor accepts an order, they are obliged to carry it out personally, in accordance with the Customer's requirements as to content and time and in accordance with the information in the enquiry.

(4) The Contractor undertakes to carry out the described services properly and as agreed.

(5) After accepting an order, the Contractor will be informed of contact details and the exact places and times of the engagement by the Customer or the Agency.

(6) For the process after the booking, reference is made to § 10 (Remuneration).

§ 6 Tasks and duties of the Agency and the Contractor

(1) By accepting the present provisions during online registration, the Contractor explicitly agrees to the publication of their data and the images they have provided on the internet.

(2) For clarification, it is stated that only customary services of the Contractor are offered to the Customer. If the Contractor feels that the requested activities do not correspond to the activity they assumed, or that the engagement is to take place at places other than those agreed or at other times, the Contractor will contact the Agency without delay so that the Agency can take clarifying action.

(2.1) Because the Contractor also represents the Agency during their engagement, communication with the Customer is to be limited to professional and order-related matters. If the Customer initiates private contact, makes inappropriate advances or harasses the Contractor in any other way, the Agency must be informed without delay. Corresponding incidents should be documented in text form where possible.

(3) The Contractor is obliged to agree the details of the underlying order (place, time, subject of the booking, fees) directly with the Customer. The Contractor may make subsequent changes or additions to the contract (in particular with regard to further grants of rights) only in coordination with the Agency.

(4) By sending images to the Agency, the Contractor assures that they hold the unrestricted usage rights to these photos and are entitled to have them published accordingly on the Agency's website on the internet. By uploading the images, the Contractor also declares that their appearance still corresponds to the impression conveyed by the submitted documents. Furthermore, the Contractor ensures that the images may also be edited or altered and that the photographer has waived being named as the author. No claim to a fee arises for this.

(5) In the event that the Agency is held liable in connection with images or information provided by the Contractor for copyright infringements, infringements of intellectual property rights or violations of the general right of personality or other infringements of rights, the Contractor indemnifies the Agency against the resulting damage, including the necessary costs of legal enforcement or defence, unless the Contractor is not at fault for the infringement.

§ 7 Contractor release / consent / usage rights

(1) The Contractor irrevocably grants the Agency the unrestricted right and permission to use, reuse, publish and republish photographic depictions and images/videos (in all formats) of the Contractor, and those in which the Contractor is partially or completely visible, combined or altered in nature or form, in connection with the Contractor's own or a fictitious name, without restrictions in terms of place or time or with regard to changes or alterations or reproduction of the material in colour or otherwise, through media now known or only becoming known later, for illustrations, artistic purposes, promotions, trade and all other purposes. This consent includes the right to publish or commercially use the photographs and/or videos etc., and in particular also to transfer these rights to the Agency's customers within the scope of the activities undertaken by the Contractor, including for the purpose of onward transfer by the customers.

(2) For clarification, the parties record that the Contractor's remuneration covers all usage rights to the photographs of the Contractor taken in the course of the order, as well as all related personality rights or artistic copyrights, insofar as the Contractor was able to dispose of them. The Customer is thus, where applicable, entitled without restriction as to territory, time and content to exploit the photographs taken. For further clarification, however, it is stated that usually only a simple usage right is granted, for a period of regularly one year and for customary advertising purposes as are to be expected given the nature of the booked order. Further rights (so-called “Buy Out”) are agreed by the Agency upon a corresponding request from the Customer and are to be taken into account in the amount of remuneration for the order communicated to the Contractor. If the Contractor considers that there is a discrepancy between the advertised order and the remuneration in view of the usage rights, the Contractor must point this out to the Agency without delay. If the Contractor nevertheless accepts the order, they agree to the remuneration and to the compensation of the usage rights regulated here.

(3) If there are shifts in the relationship between the rights assigned and the actual use, and if, in the Contractor's opinion, the Customer exceeds the usage rights granted, the Contractor will point this out to the Agency before taking legal action and give the Agency the opportunity to settle the matter with the Customer in the Contractor's interest.

§ 8 Use of social media content

(1) To promote the marketability of the Contractor, the Agency reserves the right to use images and / or videos from the Contractor's social media content to promote the Contractor. The Contractor agrees to this and, by concluding the contract, also declares that they are legally able to transfer the corresponding usage rights to the Agency.

(2) The Agency will inform the Contractor promptly about uses of social media content within the meaning of para. (1).

(3) If rights of third parties conflict with the use of content from social media, the Contractor will first try to obtain the rights. If this is not possible, the Contractor will inform the Agency, as soon as possible after the conclusion of the contract but at the latest upon the notice of use from the Agency pursuant to para. (2), which images and / or videos are excluded from use by the Agency. The Contractor is responsible for late or omitted notices of third-party rights to images and videos in social media.

§ 9 Protection of minors

Because of the protection of minors, all Contractors registered on the website undertake to strictly comply with the Agency's image rules. Unless separate image rules are issued, the Contractor must ensure that no nudity at all is visible in the images and that the images contain no content or poses endangering minors or other such imagery. The Agency is entitled to delete such images at any time. For violations of the protection of minors with regard to the images, the Contractor is responsible in accordance with § 6 (7).

§ 10 Remuneration

(1) The Contractor is themself responsible for negotiations about the actual amount of their remuneration. For this purpose, they must initiate their own contract negotiations with the Customer. The Agency has no say regarding the agreed remuneration.

(2) For orders successfully placed with the Contractors by the Agency, the Agency is entitled to a placement commission. The Agency invoices this placement commission separately to the Customer.

(3) After completing an order, the Contractor contacts the Agency by email to confirm the proper performance of the activity. The notification of the proper performance of the activity must contain a complete working time record of the hours worked. This serves the Agency as the basis of calculation for the commission to be claimed from the Customer.

(4) The Contractor must properly invoice the personal services they have rendered to the Customer. The invoice issued to the Customer for the personal services must be forwarded to the Agency after the order is completed. The Agency uses the Contractor's invoice to calculate the agreed commission and then forwards all invoices to the Customer.

(5) If the Agency itself acts as client or customer, the invoice is to be issued with a payment term of 30 days. Here the Agency offers the option that invoices are paid shortly after receipt less a 5 % cash discount if the Contractor makes use of this.

§ 11 Legal status of the Contractor

(1) Contractors who have themselves placed into an employment relationship are subject to the rights and duties under employment contracts that were agreed with the Customer. The Agency has no influence on this.

(2) Notwithstanding this, the following paragraphs apply in the event that a placement into an employment relationship does not take place.

(3) The Contractor is not obliged to accept order offers.

(4) The decision on carrying out orders lies exclusively with the Contractor, and the Contractor is therefore not subject to any right to give instructions and directions and is free with regard to the time, manner and place of carrying out the order and is not bound to the Agency's work organisation. This does not apply in the case of temporary agency work (Arbeitnehmerüberlassung).

(5) The Contractor is also free in their working arrangements toward the Customer, but must endeavour to achieve the best possible fulfilment of the order within the scope of the specific order.

(6) The Contractor is entitled to have several and further clients and customers. They need only follow the Agency's schedule insofar as orders have been accepted.

(7) The Contractor is self-employed, and the Agency can have this status confirmed by the Contractor at any time, in particular by notification / request of a tax number or similar. If the Contractor cannot confirm this, the Agency will remove the Contractor's Sedcard until further notice.

(8) The Agency points out to the Contractor that value added tax shown by them in invoices must in principle be remitted by them to the tax office, and that they must otherwise check for themself whether they are exempt from charging value added tax under the small business regulation of Section 19 of the German VAT Act (UStG). The Agency also points out that, despite being self-employed, the Contractor may be subject to compulsory insurance in the statutory pension insurance under Section 2 para. 1 no. 9 of Book VI of the German Social Code (SGB VI) and, in the case of an obligation to pay contributions, must themself ensure payment of the contributions to the statutory pension insurance. This applies in particular in cases of temporary agency work (Arbeitnehmerüberlassung). The same applies to insurance against any occupational risks (accident, liability or similar).

(9) If the Contractor's status changes at any time, whether with regard to self-employment or with regard to other points important for the proper performance of the activity on behalf of customers or for the Agency (e.g. longer absence), the Contractor will inform the Agency of this without delay.

(10) The Contractor has no claim to the placement of regular or specific orders. The order situation is determined solely by the market situation and the enquiries of customers for particular Contractors. In this respect, the Agency gives no guarantee that orders will be placed with the Contractor regularly or at all.

§ 12 Special duties of the Contractor

(1) The Contractor undertakes to notify the Agency without delay of all follow-up orders from customers or clients of the Agency and to have them handled exclusively through the Agency. This also applies to all future business/follow-up orders/enquiries from contractual and business partners of the Agency for whom the Contractor has already carried out at least one order through the Agency. This obligation ends with the end of the contractual relationship between the Contractor and the Agency.

(2) The Contractor will take all reasonable measures necessary for a successful placement. In particular, they assure the Agency that they will properly fulfil the placed contracts with the customers and will answer truthfully the questions about their person and other circumstances (in particular information about previous bookings).

(3) The Contractor is obliged to inform the Agency immediately of changes to their own appearance (hairstyle, hair colour, significant change in weight, etc.).

§ 13 Prohibition of circumvention

(1) The Contractor undertakes, for a period of 24 months after the last placed order, neither to contact clients for whom they have already worked through the Agency for the purpose of a direct commission, nor to accept direct orders from these clients by bypassing the Agency. The passing on of these clients' contact details to third parties for the purpose of circumvention is likewise prohibited. In the event of a culpable violation, the Contractor is obliged to pay the Agency a contractual penalty amounting to three times the usual agency commission.

(2) The prohibition of circumvention also applies accordingly to potential Contractors to whom a client was introduced by the Agency as part of a possible placement, even if no commission came about. Paragraph 1 applies accordingly.

(3) The Contractor is advised that exclusivity agreements may exist between the Agency and individual clients. If the Agency is circumvented, further legal claims may arise from this, insofar as the statutory requirements are met.

(4) If the Contractor is commissioned by another agency or a competitor and only afterwards realises that the client is a customer already known to them through the agency “the hostess”, they must inform the Agency of this without delay. The notification must be made in text form in order to ensure traceable documentation and to avoid possible misunderstandings.

§ 14 Term of the contract

(1) This contract is concluded for an indefinite period.

(2) The contractual relationship can be terminated by either party at any time without observing a notice period. Upon termination, the main performance obligations under this contract expire.

(3) Ordinary termination does not affect orders that have already been accepted. Orders that have already been booked or are not yet completed must be completed by the Contractor. If this does not happen, the Agency reserves the right to claim damages.

(4) The right to extraordinary termination remains unaffected for both parties.

§ 15 Liability

(1) The Agency assumes no responsibility whatsoever for any misuse of data or images, nor for entries, changes or deletions that come about because third parties gain unauthorised access to the Contractor's (email and online) account, unless the Agency is at fault in this regard on the basis of gross negligence or intent.

(2) The Contractor is obliged to keep the access data for the Agency's website carefully and to prevent unauthorised third parties from accessing it.

(3) If the Contractor accepts an order and subsequently changes their appearance so significantly, without consultation with or the knowledge of the Agency, that the Customer no longer has any interest in the Contractor, the Agency has the right to demand damages and 100 % reimbursement of the labour or placement costs incurred from the Contractor. Claims from third parties are passed on to the Contractor in full (100 %).

(4) Orders and bookings accepted by the Contractor are unconditionally binding. If the booked Contractor does not carry out the order they themself confirmed, or does not carry it out on time or in full, the Contractor indemnifies the Agency against all resulting claims for damages by third parties. If the Contractor is at fault for the non-performance of an order, the Contractor pays the Agency damages in the amount of the lost placement commission.

§ 16 Miscellaneous

(1) This agreement is governed by German law.

(2) Amendments to these GTC require the mutual consent of both parties in text form (email) and may only be promised on the part of the parties by their respective management.

(3) The place of jurisdiction and place of performance for all disputes arising from the underlying contractual relationship or these General Terms and Conditions is the registered office of the Agency, insofar as both parties are merchants, legal entities under public law or special funds under public law.