Terms & Conditions

1. Scope

These Terms & Conditions apply to the use of Pondagross Private Collection (PPC) and to all assignments, collaborations, payments, content productions, and other activities arranged through PPC.

By registering with PPC or accepting an assignment through PPC, the participant confirms that they have reviewed and accepted these Terms & Conditions.

PPC is available only to persons who are 18 years of age or older.

2. Roles within PPC

Three primary roles can be distinguished within PPC:

• collectors, who initiate and fund assignments;
• models, who participate in the production of content;
• photographers, who produce the content.

James Pondagross may himself act as a collector.

Other collectors, models, and photographers may participate only after invitation and approval.

PPC may act as a platform, intermediary, administrative facilitator, payment intermediary, and mediator between the parties involved.

3. Private platform

PPC is a private network.

Access to the platform, profiles, portfolios, assignments, content, and other information may be restricted based on role, assignment, consent, and access rights.

Participation in PPC does not automatically grant access to all participants, profiles, content, or personal information.

4. Privacy between participants

The identity of a collector does not automatically need to be disclosed to a model or photographer.

Conversely, personal information relating to models and photographers is not automatically disclosed to collectors.

PPC only shares information between participants that is reasonably necessary for the preparation, performance, and settlement of an assignment.

Personal contact information, banking information, home addresses, and other private data do not need to be exchanged directly between participants when the collaboration can be handled through PPC.

If certain information must nevertheless be shared for legal, administrative, or practical reasons, it will only be used for the purpose for which it is necessary.

5. Assignment proposal

A collector may propose an assignment through PPC.

The collector determines the essential characteristics of the desired assignment.

These may include, among other things:

• the selected model;
• the selected photographer;
• the location;
• the desired style;
• the desired content;
• one or more content levels;
• reference or example images;
• timing and duration;
• styling or setting;
• compensation;
• usage rights;
• specific technical or practical conditions.

The collector ultimately determines which combination of model, photographer, location, and content they want for their collection.

6. Moodboard

A moodboard may be prepared for an assignment.

The moodboard serves as the central description of the content and conditions of the shoot.

The moodboard may contain text, example images, reference images, content levels, locations, practical information, and other provisions.

If different content levels are used, each level will be described as clearly as reasonably possible.

Where applicable, a specific compensation amount may be established for each level or for the assignment as a whole.

7. Model response

Before the assignment is finally awarded, the model receives the relevant information contained in the moodboard.

The model may indicate which proposed content levels and conditions she is willing to accept.

The model may refuse certain levels or conditions.

Such a refusal does not require the collector to award the remaining parts of the assignment.

8. Final decision by the collector

The collector reviews the model's response and then decides whether the assignment will be awarded under the proposed or revised conditions.

The collector has the final decision regarding the award of the assignment.

If levels or other conditions that are essential to the collector are not accepted, the collector may decide not to award the assignment.

9. Choice of photographer

The photographer is selected by the collector for each assignment.

A model does not have an automatic right to require a different photographer.

If the model does not wish to work with the proposed photographer, she must indicate this before finally accepting the assignment.

The collector may then decide to select a different photographer or not to award the assignment.

Once the photographer forms part of an assignment that has been finally awarded and accepted, that selection becomes part of the binding terms.

10. Choice of location

The same principles apply to a location agreed upon in advance.

If the location is an essential part of the assignment and has been accepted by the model, it forms part of the final agreement.

A later unilateral refusal of that location may be considered a failure to perform the assignment unless there is a valid contractual reason or demonstrable force majeure.

11. Binding nature of an assignment

Until an assignment has been finally awarded and accepted, the parties may reject proposals or suggest changes.

Once the collector finally awards the assignment and the model and photographer accept it, the agreed conditions become binding.

Binding terms may include, among other things:

• content levels;
• the moodboard;
• the photographer;
• the location;
• date and time;
• compensation;
• usage rights;
• travel and accommodation conditions;
• cost arrangements;
• cancellation conditions.

A finally accepted assignment is not a non-binding statement of intent.

12. Model obligations

The model agrees to perform the finally accepted assignment in accordance with the agreed conditions.

If the model decides during or shortly before the shoot not to perform an essential element that was previously accepted, this may be considered a unilateral failure to perform or breach of the agreement.

The fact that the model can, as a practical matter, always decide not to perform an act or to stop a shoot does not mean that such a decision is free from contractual or financial consequences.

13. Consequences of non-performance by the model

If the model does not perform an essential part of the agreed assignment, the collector may reject the entire shoot where the result no longer corresponds to what was agreed.

In such a case, there is no automatic entitlement to partial compensation for portions that were performed.

The budget reserved in advance may be refunded in whole or in part to the collector in accordance with the agreed terms and the assessment of the circumstances.

In addition, demonstrable costs directly resulting from the non-performance may be recovered from the party that failed to meet its obligations.

Such costs may include:

• location costs;
• photographer fees;
• travel and accommodation costs;
• rented equipment;
• booking fees;
• other demonstrable costs directly connected to the assignment.

14. Photographer obligations

The photographer agrees to perform any finally accepted assignment in accordance with the agreed conditions.

This includes, among other things, being present at the agreed location and time, carrying out the agreed shoot, and complying with the content and technical requirements.

A late cancellation or unjustified failure to perform may be considered a breach of the agreement.

15. Late cancellation by the photographer

If a photographer cancels a finally awarded assignment at short notice or fails to perform it without a valid reason, the model should in principle not bear the resulting financial loss.

Depending on the terms agreed in advance, the model may be entitled to:

• a cancellation fee;
• reimbursement of already incurred and documented travel costs;
• reimbursement of already incurred accommodation costs;
• reimbursement of other pre-approved costs directly related to the assignment.

This may include, for example, an airline ticket, train ticket, hotel booking, or other necessary expenses.

PPC may initially pay these amounts from the budget reserved for the assignment.

PPC may then recover the relevant amounts from the photographer in accordance with the applicable terms.

The model does not need to handle that subsequent settlement directly with the photographer.

16. Non-performance by the collector

If the model and photographer fully and correctly perform the agreed assignment, the collector may not later unilaterally decide to reduce the agreed compensation or refuse payment simply because they changed their mind.

The financial terms agreed in advance remain applicable.

17. Pre-funded budget

For paid assignments, PPC may require the collector to transfer the full agreed budget to PPC before the shoot.

This budget is administratively reserved by PPC for the relevant assignment.

The exact legal and financial treatment of such amounts may depend on the payment method, the parties involved, and applicable law.

Payment to PPC does not automatically give the model an unconditional right to payment if the contractually agreed assignment is not performed correctly.

18. Payment

If the assignment is correctly and fully performed in accordance with the agreed terms, PPC will pay the amount due in accordance with the applicable assignment terms.

If a dispute arises regarding performance, PPC may temporarily suspend payment until the situation has been sufficiently clarified.

19. No automatic partial compensation

If an assignment consists of multiple elements or content levels, this does not mean that each completed element is automatically paid separately.

If a missing essential element causes the assignment as a whole to no longer correspond to what was agreed with the collector, the entire assignment may be rejected.

Whether any partial compensation is due will be determined by the terms agreed in advance and the circumstances of the specific assignment.

20. Cancellation and force majeure

Cancellations must be reported through PPC as soon as possible.

The assessment may take into account:

• the timing of the cancellation;
• the reason for the cancellation;
• costs already incurred;
• services already performed;
• the possibility of arranging a replacement photographer, model, or location;
• any force majeure event.

Not every cancellation automatically results in the same financial consequences.

21. Mediation by PPC

If the parties disagree regarding the performance of an assignment, PPC may act as mediator.

PPC may consider, among other things:

• the moodboard;
• the finally accepted terms;
• communications within PPC;
• scheduling;
• available evidence;
• content already produced;
• documented costs;
• the actual course of the shoot.

Based on these factors, PPC may propose a financial settlement or, where agreed in advance, make a decision within the limits of the applicable terms.

22. Recovery of costs

If PPC compensates a participant for costs or losses demonstrably caused by another participant's failure to perform, PPC may recover those amounts from the party responsible for that failure.

This is separate from any payment already made to the affected participant.

23. Use of content

Payment for content does not automatically mean that all intellectual property rights or usage rights are transferred without limitation.

The collector's rights are determined for each assignment.

They may include, for example:

• private use;
• inclusion in a personal collection;
• limited display within PPC;
• publication;
• commercial exploitation;
• other specifically agreed forms of use.

Use outside the agreed rights is not permitted without additional authorization.

24. Portfolio and sedcard

Models may manage their portfolio and sedcard within PPC.

Within the capabilities of the platform and the applicable agreements, the model determines which content is visible to which groups of users.

A model may keep certain content private, share it within PPC, or make it publicly available.

25. Confidentiality

Information regarding assignments, collectors, models, photographers, moodboards, payments, locations, private collections, and internal communications may be confidential.

Participants may not share such information with third parties without permission when the information should reasonably be regarded as confidential.

26. Personal data

Personal data is processed only for purposes related to the operation of PPC, the performance of assignments, administration, payments, security, and compliance with legal obligations.

More detailed information regarding the processing of personal data may be set out separately in PPC's Privacy Policy.

27. Participant conduct

Professional conduct is expected from all participants.

Deception, intimidation, unauthorized use of content, knowingly providing false information, repeated failure to honor commitments, or other conduct that undermines trust within PPC may result in temporary suspension or permanent removal.

28. Removal

PPC reserves the right to suspend or remove a participant from the network where there are legitimate grounds to do so.

This does not affect existing obligations arising from assignments that have already been finally accepted.

29. No guarantee of assignments

Admission to PPC does not create any right to a minimum number of assignments, income, or collaborations.

A collector always decides who will receive a particular assignment.

30. Changes

PPC may amend these Terms & Conditions.

For assignments that have already been finally accepted, the terms in effect at the time the assignment was finally entered into will generally continue to apply unless the parties agree otherwise or a change is required by mandatory law.

31. Acceptance

By finally accepting an assignment through PPC, each participant confirms that they:

• received the relevant assignment information;
• had the opportunity to review the moodboard and applicable terms;
• understand the obligations being undertaken;
• accept the financial consequences that may result from non-performance;
• accept the assignment voluntarily and as an adult.

32. Governing law and disputes

These Terms & Conditions and assignments entered into through PPC are governed by the law specified in PPC's legal information.

The parties agree to first attempt, where reasonably possible, to resolve disputes through PPC's internal mediation procedure.

If no resolution is reached, the parties may submit the dispute to the competent court in accordance with applicable law.