§ 1. General provisions, Area of validity

(1) Following General Terms and Conditions (hereinafter GTC) of Your Event Scout are applicable for the services of the internet booking platform www.messehostessen.com.de (hereinafter YES!) in the fields fair, event and promotion. YES! connects freelancer: models, hostesses, interpreter, translater, photographers (hereinafter talents) with clients, exhibitors with the client within the framework of individual contracts.
(2) The GTC of YES! apply exclusively, including all future businesses with the clients.
(3) Oral additional agreements do not apply. Supplementary agreements and changes require the written form. This also counts for cancellation or changing of written form requirements issues.

§ 2. Contractual Subject

(1) For the purposes of presentation of the client’s company at fairs, events and promotions the client engages YES! to find talents for a certain period of time to perform the tasks as appointed in the service agreement.
(2) Should the client require certain experience and qualifications from the talents, they would gain access to their Sedcards in advance in order to be provided the opportunity to select talents that complies with their requirements.
(3) YES! send the job offer to the talents and informs the talents about the necessary basic framework conditions for the purpose of performing an assignment. YES! has no further managerial authority within the context of performing the assignment.
(4) The client is aware that the information on the Sedcards has been voluntarily given by the talents and is based on self-evaluation. Therefore, YES! can assume no liability.
(5) Should the client place special value on certain skills or qualifications of the talents, a casting can take place, for which the client bears the costs.

 

§ 3. Brokerage fee, payment conditions, salary

(1) YES! sends a non-binding offer on request of the client. Our offers are non-binding and without obligation. A contract shall be deemed concluded when the client signs a written service agreement.
(2) YES! charges a brokerage fee for each concluded contract per booked day/ per talent from the client.
(3) The brokerage fee is payable to YES! It arises upon receipt of the order confirmation.
(4) The relevant amount to be paid is due upon receipt of an invoice issued by YES!.
(5) Clients can pay by credit card, bank transfer or direct debit.
(6) The client shall be in default, if we have not received the full amount due within 10 days after receipt of the invoice. In case of default in payment, we are entitled to charge interest at the legal rate.
(7) If the customer is in default with any payment obligation, all existing debts become due immediately. In the event of late payment YES! shall also be entitled to immediately block the account of the client.

§ 4. Cancellation

(1) The client is entitled to withdraw from the order of service free of charge up to six weeks prior to deployment of service.
(2) YES! is entitled to invoice the client for withdrawal prior to project begin following percentage of the originally-agreed order total as a cancellation fee:
a) four to two weeks up to deployment of service 50 %,
b) two weeks to three days up to deployment of service 75%,
c) from three days up to deployment of service respectively during the assignment 100 % of the order total.

§ 5. Terms of Payment

(1) Unless otherwise agreed upon, 100 % of the order total is due 10 days prior to deployment of service before event beginn and to be paid to YES!.
(2) In case of default in payment YES! shall calculate dunning costs amounting to 5%, whereas the enforcing of a higher claim remains reserved.
(3) If the payment has not been registered before project start, YES! reserves the right to consider the order cancelled.
(4) All payments are to be made without any deductions exclusively through the bank account of YES!.

§ 6. Liability

(1) Where the services laid down in the service agreement are not performed by YES! or its representatives attributable to illness or force majeure, all claims from this agreement shall be void.
(2) The client bears operational and personal risk for the proper processing of the event, as well as accepts liability to the fullest extent for the safety of the representatives and equipment of YES!. For damages that have been caused by possible improper registration/ authorization on Website or for such damages that arise from material provided by the client, YES! assumes no liability as well. Shrinkage, breakage of glass and other possible costs that have arisen by damaging the premises, rooms or underground pipelines by installation of exhibition stands, stages, tents etc. shall be borne by the client.
(3) YES! assumes no liabilities if it is commissioned to handle financial matters such as cash register management, safe keeping, managing or transporting money, valuables and security papers, as well as handling matters of payment transactions.

§ 7. Non-solicitation agreement

The talents provided by YES! are not allowed to be employed as hostesses/ hosts or conveyed to a third party for a period of 36 months after terminating an assignment for the client. In case of breaching this non-solicitation agreement YES! is entitled to demand a contract penalty from the contractual partner to the amount of 3.000 € per talent.

§ 8. Documentation, References

(1) YES! is entitled to document the production by image and sound recording carriers of all kind and to use all photo, video and film recordings, as well as other technical reproductions for self-advertisement or editorial purposes.
(2) YES! is entitled for reference purposes to use the company’s name of the client respectively the company’s names of the agency’s customers (for example if the client is an advertising/ event/ PR/ marketing agency etc.), as well as their brands respectively customers’ brands as long as these are a subject of the service. The client hereby affirms the consent of their customers.

§ 9. Severability clause

If some of the stipulations are ineffective or unfeasible or if they are to become ineffective or unfeasible after placing of the order, the effectiveness of the rest of the stipulations remains unaffected. The contractual parties are bound to replace the ineffective or unfeasible stipulations by other effective and feasible stipulations which, from the point of view of business success, come close to the ineffective and unfeasible stipulations to such an extent that it is reasonable to suppose that the contractual parties would conclude the agreement. Same applies for regulatory gaps of any kind.

§ 10. Jurisdiction

(1) The law of the Federal Republic of Germany applies.
(2) The courts of Frankfurt am Main shall have exclusive jurisdiction over any and all disputes arising from the business relationship.
General Terms and Conditions in the form as of August 2022.