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Full Terms and Conditions for modelling at ZaiFitness.com

 

 

ZaiFitness.com, a registered division of Planet Airlines LTD.

 

1.TERMS AND CONDITIONS

As required by Department of Employment regulations, ZaiFitness.com will send a modelling confirmation release form, containing the specific terms of the collaboration with the models who feature directly or indirectly with the site. The form must be signed and returned by the model for these terms and conditions shall form the agreement between the parties relating to each collaboration.
The failure to sign and/or return the release agreement form will void the following terms and the model will not be able to promote or collaborate with the site for the services offered.
Any amendment and/or variations made to the release agreement form by the model shall not be valid and binding unless ZaiFitness.com has agreed to such amendment and/or variation in advance and confirmed such agreement by signing the release agreement form after the amendment and/or variation has been included on the release agreement form.
In the event of any inconsistency or contradiction between these terms and conditions and the release agreement form, the terms set out in the release agreement form shall prevail.

 

2.MODELS SIGN UP AND APPLICATION

Models who are interested in joining the site as a featured model shall first apply via the website (https://www.ZaiFitness.com/application ) and fill out the details for application. Once received the application, we will review their social media links (sent in by them). Models, who are successful, will be contacted via email to verify their basic details. An email detailing the requirements and the conditions of such collaboration will contain the request for the applicant model to submit proof of their age and location via a valid form of personal ID (passport photo, driving license or national ID) and a valid for of proof of address. (Valid Driver's License. Property Tax Receipt, Bank Statement, Utility Bill, Lease Agreement or mortgage statement, Insurance Card, Voter Registration Card or College Enrolment Papers). This process is known as KYC.

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As part of the KYC process: We are obliged by law to collect the following information in order to offer our services for model hosting content:
Last name and First name - Date of birth - Nationality - Phone Number - Gender (Male or Female) - Personal address - Copy of ID including photograph (passport or national identification card or drive license)
Confirmation mail that inform you Success of KYC submission and Pass(qualified) and Rejection(disqualified) of KYC will be sent to the e-mail address entered KYC application. Retention of KYC Data Personal information and photos of participants participating in the Models sign-up application will be kept for Procedure of KYC. These personal data will be kept until the KYC obligations are fulfilled and may be submitted to the relevant agency upon request of the relevant legal institution. Personal information retention period: Up to 2 years after the completion of KYC process by ZaiFitness.com on behalf of Planet Airlines Ltd.

A copy of the model release agreement form will also be sent along the initial email for the model to review it and ask any questions if necessary.


3.SUCCESFUL MODEL APPLICATION

Upon agreement of both parties and the return of the model release agreement form, ZaiFitness.com will contact the model to discuss further requirements and details. 

After the successful KYC and review of the models details and submitted data, which forms part of the terms and conditions which are stated on the models release agreement form.

Models can at anytime request to have their content removed from the page and the entire website without any fees or penalties. However, we reserve the right to further host the content for a maximum of 30 days, after received the notification of take-down or removal in order to work on the site to update it and remove the requested content.

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ZaiFitness.com does not provide trace data or referral information for the models based on the number of visits received to their page.

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4.UNSUCCESFUL MODEL APPLICATION

Models who are unsuccessful, do not return a signed model release agreement form and who do not provide valid KYC for verification purposes will not be able to benefit from becoming a model on the site. Such applicants will be informed by email and be offered the opportunity to resubmit their data in order to comply with these terms.  

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5.CONTENT MONITORING POLICY

1. Model applicants of ZaiFitness.com web site and online services may not submit or upload content that is unlawful, infringes copyright, or may reasonably be considered to be harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise offensive or objectionable.

2. ZaiFitness.com and its administrators have the right but not the obligation to monitor, screen, block, post, remove, modify, store and review such content or communications sent through this Web site, at any time and for any reason, including to ensure that the model generated content or communications conform to the Terms and Conditions, without prior notice to the user.

3. ZaiFitness.com reviews manually and individually every application and its content submitted by the models. Additionally, we monitor the content which has been provided to us from other platforms (fan pages) where we have the express consent from the model to download, edit and host such content onto our platform and website. Any content found to be unlawful, infringes copyright, or may reasonably be considered to be harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise offensive or objectionable, it will NOT be hosted by our platform and website.
If we find such content, we will inform the model/user and revoke access to the website and irrevocably terminate our agreement with the model, as consequence to the breach of the initial model release agreement signed by the model.

ZaiFitness.com has established the following email address to monitor for notices of claimed copyright infringement and to monitor other reports of other content in violation of the Terms and Conditions, referred to generally in this Policy as abusive or unlawful content. These claims should be sent to support@gnlmodels.com

4. Upon receipt of a notice of claimed copyright infringement from a complaining party (the Complainant):

a. The designated agent or other member of the Online Content Monitoring Team receiving the notice or message, in consultation with the legal department, shall (i) remove or disable access to the material that is alleged to be infringing; (ii) forward the written notice to any person who provided the allegedly infringing content, along with the contact information of the Complainant; and (iii) take reasonable steps to promptly notify the person who provided the allegedly infringing content, if known and if contact information is available, that ZaiFitness.com has or will promptly disable access to the allegedly infringing material and that the person may respond with a counter notification. In consultation with the legal department, ZaiFitness.com, may terminate the person’s online account in the case of repeat allegations of copyright infringement.

b. The notice to the person alleged to have infringed a copyright shall inform that person that if he or she believes that a notice of copyright infringement has been improperly submitted against him or her by a Complainant, that person may submit a counter notification.
The notice to the person alleged to have infringed a copyright can advise that to be effective, a counter notification must be a written communication provided to the Company’s Copyright Agent and must contain (i) the person’s physical or electronic signature; (ii) identification of the material removed or to which access has been disabled; (iii) a statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; (iv) the person’s name, address, and telephone number; and (v) a statement that the person consents to the jurisdiction of the person’s address.

c. Upon receipt of a counter notification, the Online Content Monitoring Team shall: (i) promptly provide the Complainant with a copy of the counter notification; (ii) inform the Complainant that it will not remove the material or cease enabling access to it unless, within ten (10) business days, the Complainant provides the Company’s Copyright Agent with notice that Complainant has filed an action seeking a court order to restrain the person from engaging in infringing activity.

5. Upon receipt of any report of abusive or unlawful content (not involving a notice of claimed copyright infringement) or upon otherwise independently learning or becoming aware of such content:

a. The member of the Online Content Monitoring Team will investigate the matter and will consult with the Management team and/or external legal counsel as needed to determine whether to remove or otherwise modify the content.

b. If the content appears facially to the Online Content Monitoring Team member investigating the matter to be unlawful or otherwise abusive or inconsistent with the Terms and Conditions, the Team member shall take all appropriate steps to have the content promptly removed from the Web site and need not consult with the Manager prior to doing so.

c. If the content does not facially violate the Terms and Conditions, the Online Content Monitoring Team member must consult with the Manager. The content will remain on the Web site unaltered unless the Manager, or their designee, determines that the content should be removed or modified.

6. For all reports and in all circumstances, the Online Content Monitoring Team, and the Manager, as applicable, shall keep records of actions taken.



6.MODEL PAYMENTS

Currently, we do not charge our models any fees now or in the future for the services offered to collaborate with us. There is no casting of models and no charges to the models in order to initiate a collaboration. However, we reserve the right to amend these terms at any time without notice.
Payments made to models will be based on length of time, during the shoot and quality of the shoot. The exact amounts are discussed with the models in private once the KYC has been validated and the producers decide to accept a model for collaboration. Models will be contacted by email for further information regarding compensation and payments. All payments will be also displayed in writing together within their model release agreement.

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7.WARRANTIES

The Model warrants and represents to ZaiFitness.com that:

  1. it has full capacity to enter into these terms and conditions and perform its obligations under these terms and conditions;

  2. the model release agreement form is executed by the model himself under total awareness and healthy mental status.

  3. it will take all steps necessary to ensure that the model is protected and treated in accordance with all applicable laws and good industry practice.

  4. it has all necessary permits, licences and consents to enter into and to perform its obligations under these terms and conditions and such obligations shall be performed in compliance with all applicable laws, enactments, orders, regulations, and other similar instruments (including but not limited to any employment law or health and safety requirements in effect).

  5. It will disclose to ZaiFitness.com in writing all necessary information requested by them.

  6. The model shall indemnify ZaiFitness.com and keep ZaiFitness.com indemnified against all costs, expenses, damages and losses suffered or incurred by ZaiFitness.com (including but not limited to all legal costs and expenses on a full indemnity basis) arising out of or in connection with:

  7. any breach by the model of these terms and conditions, and

  8. any claim brought by a third party against ZaiFitness.com in circumstances where, as a result of the models appearance on the website platform, the distribution of images, in whatever form, outside of the agreed territory and in breach of these terms and conditions has caused ZaiFitness.com to be in breach of the terms of an exclusive agreement with such third party; and

  9. any breach by the model of any applicable laws and regulations including but not limited to any breach of applicable health and safety or employment laws and regulations as amended from time to time.


 

8.INTELLECTUAL PROPERTY RIGHTS

 

These conditions are also displayed on the models release agreement form and they provide binding rights to the administrator of the platform, ZaiFitness.com to access, edit, distribute on the agreed platforms, host and promote the Models content which has been granted within the agreement.  The model agrees in addition to the following:

  1. All rights not expressly granted to the model under these terms and conditions are hereby reserved to ZaiFitness.com and/or the model as appropriate. In particular, the model acknowledges and agrees that ZaiFitness.com is the owner or licence holder of all commercial rights and intellectual property rights relating to the model and ZaiFitness.com and the model shall not be entitled to exploit or enter into any commercial or other agreement to exploit any rights relating to the model or ZaiFitness.com other than the rights specifically granted to the model under these terms and conditions.

  2. For the avoidance of doubt, notwithstanding anything in the model release agreement form or these terms and conditions, including but not limited to any grant of exclusivity over the use of images or videos, the model acknowledges and agrees that ZaiFitness.com and the model may use the images and videos resulting from the collaboration agreement, solely in order for ZaiFitness.com to promote the model and host their content as the primarily service provide. The model and ZaiFitness.com acknowledge and agree not to exploit the images for commercial purposes, other than as set out in the model release agreement form and these terms and conditions.
     

9.LIABILITY AND INSURANCE

 

No party excludes or limits its liability under these terms and conditions for:

  1. death or personal injury caused by its negligence;

  2. fraudulent misrepresentation; or

  3. any other type of liability which cannot by law be excluded or limited.

  1. ZaiFitness.com shall not be liable for:

    1. loss of business, use, profit, anticipated profit, contracts, revenues, goodwill or anticipated savings;

    2. product recall costs;

    3. failure by the model to return the model release agreement form or not continue the application with ZaiFitness.com,  whatever reason;

    4. damage to the model’s reputation; or

    5. consequential, special or indirect loss or damage;
      even if ZaiFitness.com has been advised of the possibility of such loss or damage.

 

10.CONTRACT AND AUTHORITY

All matters relating to the use of the model's image, any other services supplied by the model and (any) fees must be negotiated and agreed only with ZaiFitness.com. The model shall not attempt to negotiate, nor allow others to negotiate, on his behalf. If the model or any other person on their behalf or connected with them obtains the model's signature on any document or the model's purported verbal agreement to anything outside of the scope of this agreement, such signature or verbal agreement shall not constitute a variation of this agreement and is not binding on the model or ZaiFitness.com unless and until it is agreed in writing by ZaiFitness.com (such agreement to be determined in ZaiFitness.com absolute discretion).

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11.COMPLAINTS AND DISCLAIMER

Any cause for complaint must be reported to ZaiFitness.com by the model as soon as it arises. Complaints cannot be considered and/or dealt with effectively after the services have been delivered. ZaiFitness.com cannot be held responsible for a model's conduct or behaviour whilst delivering the services and in this regard ZaiFitness.com shall not be held liable for any costs, expenses or losses suffered as a consequence of the behaviour or conduct of any model.

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12.FORCE MAJEURE (Unforeseen circumstances)

ZaiFitness.com shall not be liable to the model for any delay in performing or failure to perform any of its obligations under these terms and conditions which is due to any cause beyond its control and which is unknown to, and cannot reasonably be anticipated by ZaiFitness.com including without limitation fire, floor or catastrophe, acts of nature, insurrection, workforce action, war or riots, government restrictions of movements in relation but not limited to the spread of viruses and the prevention of such. (and ZaiFitness.com obligations under these terms and conditions shall be suspended for so long as the Event of Force Majeure continues and to the extent that it is so delayed.

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13.INTERPRETATION OF TERMS AND CONDITIONS

For the purpose of the relationship between the model and ZaiFitness.com, the model acknowledges, accepts and agrees that ZaiFitness.com, in representation of Planet Airlines Ltd is the supplier of services which shall be strictly and exclusively governed by these terms and conditions. These terms and conditions apply to every offer, quotation, acceptance, purchase order, confirmation order, specification and/or contract for the provision, sale or supply of services by ZaiFitness.com and supersede any other terms of the model and take precedence over and override and exclude any other terms stipulated or incorporated or referred to by the model whether in the model release agreement form or in any negotiations and any course of dealing established between ZaiFitness.com and the model.

The model release agreement forms part of these terms and conditions and shall have effect as if set out in full in the body of these terms and conditions. Any reference to these terms and conditions includes the model release agreement form.

 

For the purpose of these terms and conditions the words "agreed", subject to section 1, means agreed in writing in the model release agreement form and signed in full capacity and state of mind by both ZaiFitness.com and the model.

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Updated: January 2023.

Questions or comments regarding this section should be addressed to: support@zai-fitness.com

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