BMS Model/Agent Agreement
Please carefully review this Model/Studio Agreement as this electronic document is a legally binding and enforceable contract and agreement between You (referred to herein as “Model/Studio” or “you”) and Baines Media Studios, LLC (also referred to herein as “BMS”). By providing your electronic signature below you are agreeing to be bound by and acknowledge your complete acceptance of all the Terms and conditions of this Agreement.
1. No Prostitution or Sex Trafficking
a. BMS strictly forbidsYou from using Our service or any of our websites in ANY WAY whatsoever to engage in, promote, assist, or facilitate any act of prostitution, sex trafficking of minors, or sex trafficking by force, deception, or coercion.
2. Web Interface
a. Subject to the terms and conditions of this agreement, BMS agrees to provide Model/Studio access to and use of a trademarked web interface to be utilized on the BMS computer systems (“systems”). Model/Studio understand and agrees this web interface is and will remain the exclusive property of Baines Media Studios, LLC. And that under no circumstances will the Model/Studio share, duplicate, or back engineer the BMS web interface in any way, shape, system or procedure.
a. BMS usually remits Model/Studio Payments twice a month: once on the 16th the month (for the first two weeks) and once on the 1st of the month (for the last two weeks of the previous month). BMS is not responsible for any delays in payments for up to 60 days as well as any case of a delay due to factors not connected to the Company. BMS offers various forms of payment including direct deposit or by check.
b. Checks: Checks will be sent by regular mail (available to US residents only). You must provide a valid name and current address (City, Country, Zip code) and not a P.O.Box address. Your minimum check must be at least $100.
c. Please note that BMS’ policy is that BMS is not held responsible for theft or loss of checks sent out to Models/Studios. In no way shall BMS be responsible for replacement of the check or payment of the funds by an alternative method. Nonetheless, if you have not received your check for at least 30 days and it has not been cashed, BMS is willing to stop the check and reissue the payment via the Models/Studios preferred method, with a cancellation fee of $25.
d. Models/Studios Service Payments are inclusive to any subsidiary taxes chargeable in accordance with applicable law. This includes service, goods, and value added taxes.
4. Your Own Separate Business
a. At all times while using the BMS web interface, You shall have your own business license, pay your own taxes, and take all other necessary and required actions to operate as your own separate and distinct business. Model/ Studio represents and warrants that Model/studio is responsible for obtaining all registrations, certification, and licenses to meet all requirements related to Model’s/Studio’s payment of taxes under the related laws of any country, state, or local government. In addition, Model/Studio is responsible for sustaining appropriate workers compensation coverage or insurance for you and any of your employees.
b. In no way shall a Model/Studio be consideredor treated as an employee of BMS for any reason. Nothing in this Agreement shall intend to be viewed as or interpreted by the parties as the establishment of an employee and employer relationship, principal and agent, partners, or as any other business associations, other than as parties to this Agreement. We will not pay or make any payments on behalf of or for the benefit of the Model/Studio including but not limited to: Social Security, Medicare, FICA, VAT taxes, federal taxes, country taxes, state taxes, local taxes, workers compensation, unemployment premiums or insurance. Model/Studio shall have no claim against BMS for any wages, vacation pay, sick leave, Social Security, workers compensation, unemployment benefits, or any other benefits of any kind. Additionally, Model/Studio will not be eligible for any retirement benefits, 401(k) benefits, profit sharing benefits, bonuses, or any other types of benefits to be paid or owed by BMS.
5. No Right to Control
a. Model/ Studio agrees to the term and conditions stated herein for the use of the web interface, Model/Studio is free to exercise the Model/Studio’s own judgment and decisions when using the BMS web interface or alternate web interfaces the Model/Studio may use to generate income. The parties agree BMS does not have any control over or the right to control the means in which a Model/Studio exercises their use the BMS web interface as well as the manners or details the Model/Studio may use when giving performance on other web interfaces.
6. Age Verification
a. Model/Studio represent and warrants that Model/Studio is of “Legal Age,” meaning at least 18 years old and the age of majority and legal consent in the region in which you live and that any government issued identification documents(“I.D.”) provided to BMSModels.com is valid and accurately reflects and represent that the Model/Studio is of “Legal Age.”
8. No Publicity of Other Sites
a. Publicity of any non-BMS related website associated with BMS Model/Studios and affiliate site members is prohibited. This includes but is not limited to by chat, by email, or any other related factor. Violation of this condition will result in termination of this Agreement and permanent termination of your account. Furthermore, BMS reserves the right to withhold payments to you upon infringement of the terms contained herein this Agreement.
a. All information and content provided through the Services, including but not limited to, the text, data, software, manuscripts, graphics, photographs, sounds, videos, interactive features, blogs, posts, feedback, messages, and other materials (collectively, “Content”) and trademarks, service marks, and logos contained therein are owned by Us or licensed to us is subject to copyright and other intellectual property rights under United States and foreign laws. All content is provided exclusively for Model/Studio information and personal, non-commercial use. Model/Studio shall agree to not engage in the use of copying, editing, publishing, transmitting, or uploading this content in any way. In addition, Model/Studio also agree to not to interfere with any security related features of the Services, Content, or features that confine the use of or copying of any Content. Any content provided by Model/Studio is hereby licensed by Model/Studio to the Company, and you shall have no claims, demands or suits in this respect.
a. Model/Studio shall insure and hold the Company, managers, owners, shareholders, directors, employees, related companies, agents, and other representatives harmless from any damage, liability, claim, demand, or expense. This includes but is not limited to, judicious attorney fees, made by any third-party by reason of or arising from: Model/Studio use of and access to the Services or use of Model/Studio account by any other person; Model/Studio violation of any term of these Terms and Conditions; Model/Studio violation of any third-party right including any copyright, trademark, patent, other intellectual property rights, privacy rights, or any other right; Any action by a Model/Studio which is deemed careless or wrongful.
11. Limitation of Liability
a. YOU, MODEL/STUDIO, AGREE YOUR USE OF OUR SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED TO THE ABSOLUTE POSSIBLE PERMITTED BY LAW. BMS AND OUR EMPLOYEES, AFFILIATES, RELATED COMPANIES, AGENTS AND OTHER REPRESENTATIVES, RELINQUISH ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, RELAIBILITY, COMPLETENESS, USEFULNESS, OR NON-INFRINGEMENT OR INTELLECTUAL PROPERTY, AND OTHERS. ADDITIONALLY, BMS WILL IN NO WAY BE LIABLE TO MODEL/STUDIO FOR ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR ANY OTHER CONSEQUENTIAL, SPECIAL, PUNITIVE AND SIMILAR DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT
IN NO EVENT WILL BMS OR AFFILIATES, SUPPLIERS, OR THE COMPANY’S AFFILIATES /SUPPLIERS’, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, OR SUCCESSORS, BE LIABLE TOA MODEL/STUDIO FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES WHATSOEVER WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT BMSIS ADVISED OF THE POSSIBILITY OF SUCH INDEMNITIES OR SUCH INDEMNITIES ARE FORESEEABLE.
MODEL/STUDIO AND BMS AGREE THAT ANY REASON OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE IN ANY WAY MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY LOCKED. BOTH PARTIES EXPRESSLY AGREE TO WAIVE THEIR RIGHTS TO ANY LONGER STATUTE OF LIMITATIONS.
12. Changes to terms and conditions of this Agreement
a. THESE TERMS MAY BE ALTERED OR AMENDED AT THE SOLE DISCRETION OF BMS WITH OR WITHOUT NOTICE, AT ANY TIME. In addition, BMS reserve the right to cease providing all or any portion of the Services at and time with or without notice. Models/Studios will be notified of any revisions or amendments to this agreement via email, writing, or posting on this website and give you the opportunity to accept the changes.
a. Failure to agree to any part of these Terms shall not institute a waiver of any Term hereof. No waiver of a breach of any agreement to these terms shall constitute a waiver of any prior, coexisting or subsequent breach of the same or any other agreement hereof. Unless granted in writing by an authorized representative or director of BMS, shall no Model/Studio be entitled to waive any term of this Agreement.
a. If any provision or part of this Agreement shall be deemed unenforceable or invalid, shall be ineffective to the extent of such prohibition or unenforceability, keeping in mind the intents and purposes of this Agreement. Each other term and provision of this agreement shall remain valid and be binding upon the parties, to the fullest extent permitted by law.
15. Headings and Counterparts
a. The headings used herein are for convenience only and shall not be deemed to define, limit, or interpret the contents of any terms of this Agreement. Whether distributed via email, fax, or written, each copy of this Agreement will be deemed as an original and constitute as one of the same.
16. Informed consent
a. Model/Studio agrees and acknowledges that Model/Studio has read, understands, and agrees to the terms and conditions of this Agreement, and that Model/Studio has had an opportunity to consult with legal counsel or advisors necessary in connection with this Agreement. Based on this, Model/Studio willingly enters into this Agreement, without any improper incentive, knowing that this Agreement is binding upon Models’/ Studio’s proper submission of this signed Agreement and all required information, documentation, and BMS’ review and approval of Models/Studios application, without any counter-signature by BMS of this or Agreement.