1. APPLICANT PRIVACY
2. USAGE OBLIGATIONS
By using any of Apex Modeling Agency services, you agree to provide true, accurate, current and complete information about yourself as prompted by the service's application form. Apex Modeling Agency has the right to suspend or terminate your application if you violate the above or if Apex Modeling Agency has reason to believe that you have violated the above.
3. DESCRIPTION OF SERVICE
Apex Modeling Agency provides online modelling agencies subscription services as well as modelling and casting services on behalf of models by making their Portfolio Books available to clients seeking models for modelling assignments.
Our modelling services are available to applicants who wish to have their applications and photographs viewed and evaluated by Apex Modeling Agency. By registering your information, submitting your modelling application and photos and paying the applicable printing and publishing fee, you give Apex Modeling Agency permission to present your photos to Industry Experts, other Modelling Agencies and Modelling Associates for review.
The Model hereby gives Apex Modeling Agency express permission to use written correspondence, photographs or other likenesses of the Model which result from the Models professional services or test photo shoots (Tests)or any other photos submitted to Apex Modeling Agency to promote the reputation and/or services of Apex Modeling Agency , and/or its affiliated companies and the Model expressly waives any rights which the Model may otherwise have to such products or images.
Apex Modeling Agency and affiliate Modelling Agencies
4. APPLICANT CONDUCT
As an aspiring or professional model, or parent of an aspiring model, you understand that you are expected to behave in a professional manner at all times. This includes your correspondence by email, telephone or fax with Apex Modeling Agency or its affiliated modelling agencies and companies. Applicants who use language that is deemed unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, false or otherwise objectionable will have their application cancelled immediately without receiving a refund of applicable fees.
You understand that Apex Modeling Agency, in its sole discretion, may terminate your application at any time, for any reason and without prior notice.
5. CHARGES AND BILLING
You are responsible for all charges incurred and purchases made by you or anyone you allow to use your credit card, checking account, or other payment methods, including your children, other applicants, or your family or friends. You understand that all printing and publishing fees are NON-REFUNDABLE for any reason.
If your cheque, money order or credit card payment is returned or cancelled, for any reason, it will be re-deposited electronically, and you will be assessed a processing fee of R40 or the maximum amount allowed by law.
The credit card user and/or cheque writer is also responsible for all other credit card and/or cheque recovery costs, including but not limited to attorney's fees, court cost, and other amounts allowed by law and these fees and costs will be electronically debited from your account. Apex Modeling Agency reserves the right to amend this refund, payment, and processing procedures and fees as stated herein.
6. NO GUARANTEE OF SERVICE
You understand that Apex Modeling Agency provides no guarantee of placement, modelling employment or representation with Apex Modeling Agency or an other modelling agencies, client or third party. Apex Modeling Agency provides its services on a commercially reasonable basis and does not guarantee that models or users will be able to access or use the services at times or locations of their choosing.
Specifically Apex Modeling Agency reserves the right at any time to modify or discontinue temporarily the service (or any part of the service) with or without notice. You agree that Apex Modeling Agency should not be liable to you or to any third party for any modification, suspension or discontinuance of its service. You also agree that Apex Modeling Agency places models with clients locally or abroad in good faith and shall not be held liable for any and all loss or losses incurred by working with clients or other modelling agencies locally or abroad.
Apex Modeling Agency shall also not be held responsible for the credentials of any clients,modelling agencies, third parties or their affiliates as well as any guarantee made by them to any model under our management. All models or users under Apex Modeling Agency may also do work for any client, modelling affiliate or third party agents at their own risk.
You agree to indemnify and hold Apex Modeling Agency, and its parents, subsidiary modelling agencies, affiliates, officers, other partners, and employees, harmless from any claim, demand or damages, including reasonable attorney's fees, made by any third party due to or arising out of your use of the representation and modelling service, your connection to the service and representation, your violation of the Terms and Conditions for service, or your violation of any rights of another.
You further agree that Apex Modeling Agency places models with clients, affiliates,other modelling agencies, third parties, casting agents, and directors in good faith and shall not be held responsible for their credentials, actions and guarantees made to any models in Apex Modeling Agency absence as well as such credentials, guarantees and actions made under false pretence, malice and criminally to which Apex Modeling Agency is unaware.
8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, rent, resell or exploit any portion of the modelling service, use of the service or access to the service.
9. DISCLAIMER OF WARRANTIES
a) THE APPLICANT AGREES THAT THE USE OF APEX MODELING AGENCY REPRESENTATION AND SERVICES IS ENTIRELY AT THE APPLICANT'S OWN RISK or THAT OF HIS/HERS PARENT/S OR LEGAL GUARDIAN/S. THE REPRESENTATION AND SERVICES IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF SERVICES OR REPRESENTATION FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. APEX MODELING AGENCY ALSO DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES AND REPRESENTATION TO THE FULLEST EXTENT PERMITTED BY LAW.
APEX MODELING AGENCY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE, VIA EMAIL OR COMPANY SOCIAL NETWORK PAGES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED IN THE SITE. NEITHER APEX MODELING AGENCY NOR ANY THIRD-PARTY SERVICE PROVIDER MAKES ANY WARRANTY WITH RESPECT TO ANY CONTRACT, INFORMATION, SERVICES PROVIDED THROUGH OR IN CONJUNCTION WITH THE APEX MOELING AGENCY.
(b) APEX MODELING AGENCY MAKES NO IMPLIED OR EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, OR ACCESSSIBILITY OF SERVICES, REPRESENTATION, WEBSITE PAGES OR THE ASSOCIATED STORAGE FACILITIES. APEX MODELING AGENCY IS NOT RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF APPLICANT DATA.
10. LIMITATION OF LIAIBILITY
UNDER NO CIRCUMSTANCES SHALL APEX MODELING AGENCY BE LIABLE TO ANY MODEL/S OR PARENT/S OF MODEL/S ON ACCOUNT OF THAT MODEL/S USE OR MISUSE OF THE SERVICE OR RELIANCE ON THE SERVICE. APEX MODELING AGENCY DOES NOT GUARANTEE THE LEGITIMACY OR IDENTITY OF ANY CLIENT/S, INCLUDING ANY PHOTOGRAPHER/S, OR OF ANY INFORMATION OR ADVICE PROVIDED BY CLIENT/S, INCLUDING ANY INFORMATION OR CONTENT PROVIDED BY CLIENT/S OR ANOTHER THIRD PARTY. APEX MODELING AGENCY DOES NOT GUARANTEE THAT ANY CLIENT/S, INCLUDING THIRD PARTIES, AGENT/S AND OTHER INDUSTRY PROFESSIONALS, WILL USE THE APEX MODELING AGENCY TERMS OF SERVICE PROPERLY OR IN COMPLIANCE WITH THE TERMS AND CONDITIONS APPLICABLE TO THEM. APEX MODELING AGENCY DOES NOT GUARANTEE THAT ANY APPLICANT WILL SUCCESSFULLY OBTAIN A CONTRACT, EMPLOYMENT OR SPONSORSHIP OF ANY KIND AS A RESULT OF USE OF APEX MODELING AGENCY SERVICE AND REPRESENTATION.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH APEX MODELING AGENCY IS THE CANCELLATION OF YOUR AGREEMENT OR THE TERMINATION OF YOUR USE OF APEX MODELING AGENCY REPRESENTATION. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES (EVEN IF APEX MODELING AGENCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM THE USE OR MISUSE OF THE REPRESENTATION OR RELIANCE ON THE REPRESENTATION, FROM INABILITY TO USE THE SERVICE OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE REPRESENTATION OR SERVICES OFFERED (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE AS WELL ANY EMAILS RECEIVED THROUGH APEX MODELING AGENCY AS WELL AS ON APEX MODELING AGENCY SOCIAL NETWORKING PAGES - FACEBOOK, INSTAGRAM AND TWITTER.
SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE REPRESENTATION OR ANY SERVICES, INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, APEX MODELING AGENCY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the service.
12. GENERAL INFORMATION
This Terms and Conditions Policy constitutes the entire agreement between you and APEX MODELING AGENCY and governs your use of the SERVICE AND REPRESENTATION, superseding any prior agreements between you and APEX MODELING AGENCY (including, but not limited to any prior versions of the Terms and Conditions Policy).
You may also be subject to additional terms and conditions that may apply when you use affiliated services, third-party assignments or third-party contracts. The Terms and Conditions Policy and the relationship between you and APEX MODELING AGENCY shall be governed by the laws of Republic of South Africa without regard to its conflict of law provisions. You and APEX MODELING AGENCY agree to submit to the personal and exclusive jurisdiction of the courts located within the RSA. The failure of APEX MODELING AGENCY to exercise or enforce any right or provision of the Terms and Conditions Policy shall not constitute a waiver of such right or provision.
If any provision of the Terms and Conditions Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions Policy remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the service or the Terms and Conditions Policy must be filed within six (6) months after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions Policy are for convenience only and have no legal or contractual effect.
Terms and Conditions - Apex Model Agency
(Last Updated 24 May 2021)