Model Exclusivity Contract Template for Switzerland

The Model Exclusivity Contract is essential for establishing a formal, exclusive representation relationship between professional models and modeling agencies in Switzerland. This document is typically used when an agency seeks to secure exclusive rights to represent a model within specified territories or markets. It encompasses crucial elements required under Swiss law, including provisions from the Swiss Code of Obligations (OR) and Swiss Civil Code (ZGB), particularly regarding personality rights and contractual obligations. The agreement is designed to protect both parties' interests by clearly defining the scope of exclusivity, commission structures, image rights usage, and professional obligations. It's particularly important in the Swiss market where the protection of individual rights and clear contractual terms are paramount, and it often serves as a foundation for international modeling arrangements while maintaining compliance with Swiss legal requirements.

1. Parties: Identification of the Model and the Agency, including full legal names, addresses, and any registration numbers

2. Background: Context of the agreement, including the Agency's business, the Model's professional status, and the parties' intention to enter into an exclusive relationship

3. Definitions: Key terms used throughout the agreement, including 'Territory', 'Term', 'Exclusivity Period', 'Services', 'Commission', etc.

4. Scope of Exclusivity: Detailed description of the exclusive rights granted to the Agency, including territorial limits and specific types of modeling work covered

5. Term and Termination: Duration of the agreement, renewal provisions, and circumstances under which either party may terminate the agreement

6. Agency's Obligations: Agency's responsibilities including promotion, booking management, career development, and protection of the Model's interests

7. Model's Obligations: Model's commitments including availability, professional conduct, maintenance of appearance, and compliance with exclusivity requirements

8. Commission Structure: Details of agency fees, commission rates, payment terms, and calculation methods

9. Image Rights: Terms governing the use, licensing, and control of the Model's images and publicity materials

10. Confidentiality: Obligations regarding confidential information and trade secrets

11. Data Protection: Compliance with Swiss data protection laws regarding personal information handling

12. Governing Law and Jurisdiction: Specification of Swiss law as governing law and designation of jurisdiction for dispute resolution