DESIRE MODEL AGENCY TERMS AND CONDITIONS
These model agency terms and conditions apply to any individual who applies, and is subsequently accepted, to become a registered model with Desire and receive modelling management services from Desire By
clicking 'I agree' on these terms and conditions, when you submit an application to become a registered model, you are agreeing to be legally bound by these terms and conditions.
AGREED TERMS DEFINITIONS AND INTERPRETATIONS
The definitions and rules of interpretation in this clause apply in this agreement.
Adultwork
The platform, at URL http://adultwork.com, via which you may provide your E-
Services.
Commencement Date
Has the meaning given in Clause 2.3.
Credits
The credits payable by members for your E-Services provided to them.
Members
Any webcam performance, chat services, phone chat, private or free
gallery uploads, movie and erotica sales, or any other adult related services you
provide via the Platform.
Management Services
Has the meaning given
Platform
Refers to Adultwork being the platform(s) you have chosen
to provide your Members in accordance.
Website Desire Models' website at URL https://www.desiremodelagency.co.uk.
You or Your
Refers to the individual who is named as the model applicant in the application
form submitted in accordance with Clause 2.1.
Unless the context otherwise requires, words in the singular shall include the plural and, in the plural, shall
include the singular.
A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted
from time to time. A reference to a statute or statutory provision shall include all subordinate legislation
made from time to time under that statute or statutory provision.
A reference to writing or written includes email.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
MODEL APPLICATION PROCESS
To be considered to become a registered model with Desire, you must complete and submit a
application form via our Website, providing us with the information we request in the application form. You
undertake that all information you provide to us in the application form, and any further
information and evidence we request from you as part of the application process, is complete and accurate
in all material respects. Any changes to your circumstances or other developments that could affect your
ability to comply with this agreement or that may affect the accuracy or relevance of information about
you, must be reported to us in full without delay. Failure to comply with this is a material breach
of this agreement and will permit us to immediately terminate your registration on written notice without liability to you.
You acknowledge that it is entirely at our discretion whether we accept your application and we may decide
for any reason to reject your application. For the avoidance of doubt, we do not accept applications from
individuals who do not hold a UK or Republic of Ireland passport, or individuals who are minors. In the event
of any dispute about your application to become a model our decision is final.
If we accept your application to become a registered model with Desire, we will send you confirmation
via WhatsApp and this agreement shall come into effect (Commencement Date).
To successfully complete your registration as a model with Desire your profile on the Platform must be verified. This involves an age verification and identity check carried out by the Platform. On confirming acceptance of
your application to become a registered model with Desire, we will request a copy of your ID and
verification photo to satisfy these checks.
If you are successfully verified, we will send you a message via WhatsApp containing your log in credentials
for the Platform.
APPOINTING DESIRE AS AGENT
If your application to become a registered model with Desire is accepted, you hereby appoint Desire to be your sole and exclusive agent for the Term in respect of the Management Services
MANAGEMENT SERVICES
During the Term, Desire shall use reasonable endeavors to provide the following management
services:
Access to Desire group community via WhatsApp, or any other communication platform which
Desire may opt to use;
Online profile support and management;
Access to Desire tutorials section;
Credit payment management;
Technical support, including, but not limited to, support with navigating the Platform, support with any
Platform technical issues, webcam streaming software support, and internet connection trouble
shooting;
Enrolment into our member rewards scheme.
Data Protection Legislation
As set out in the Data Protection Legislation in force at the time.
All applicable data protection and privacy legislation in force from time
to time in the UK including the retained EU law version of the General
Data Protection Regulation (EU) 2016/679) (UK GDPR); the Data
Protection Act 2018 (and regulations made thereunder) and the Privacy
and Electronic Communications Regulations 2003 (SI 2003/2426) as
amended and the guidance and codes of practice issued by the
Information Commissioner or other relevant regulatory authority and
applicable to a party.
Domestic Law
The law of the United Kingdom or a part of the United Kingdom.
Both parties will comply with all applicable requirements of the Data Protection Legislation.
is in addition to, and does not relieve, remove or replace, a party's obligations under the Data Protection
Legislation.
The parties acknowledge that for the purposes of the Data Protection Legislation, you are the Controller
and Desire is the Processor.
Without prejudice you will ensure that you have all necessary appropriate
consents and notices in place to enable lawful transfer of the Personal Data to Desire for the duration
and purposes of the agreement.
Without prejudice Desire shall, in relation to any Personal Data
processed in connection with the performance by Desire of its obligations under the agreement:
a. process that Personal Data only on your written instructions unless Desire is required by Domestic
Law to otherwise process that Personal Data. Where Desire is relying on Domestic Law as the basis
for processing Personal Data, Desire shall promptly notify you of this before performing the
processing required by the Domestic Law unless the Domestic Law prohibits Desire from so
notifying you;
b. ensure that it has in place appropriate technical and organisational measures, reviewed and approved
by you, to protect against unauthorised or unlawful processing of Personal Data and against accidental
loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the
unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the
data to be protected, having regard to the state of technological development and the cost of
implementing any measures (those measures may include, where appropriate, pseudonymising and
encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and
services, ensuring that availability of and access to Personal Data can be restored in a timely manner
after an incident, and regularly assessing and evaluating the effectiveness of the technical and
organisational measures adopted by it);
c. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the
Personal Data confidential: and
d. not transfer anv Personal Data outside of the European Economic Area unless vour prior written consent
has been obtained and the following conditions are fulfilled:
you or Desire has provided appropriate safeguards in relation to the transfer;
the Data Subject has enforceable rights and effective legal remedies;
Desire complies with its obligations under the Data Protection Legislation by providing an
adequate level of protection to any Personal Data that is transferred; and
iv.
Desire complies with reasonable instructions notified to it in advance by you with respect to
the processing of the Personal Data;
e. assist you, at your cost, in responding to any request from a Data Subject and in ensuring compliance
with its obligations under the Data Protection Legislation with respect to security, breach notifications,
impact assessments and consultations with supervisory authorities or regulators;
f. notify you without undue delay on becoming aware of a Personal Data breach;
. at vour written direction, delete or return Personal Data and copies thereof to vou on termination of
the agreement unless required by Applicable Data Processing Law to store the Personal Data; and
h. maintain complete and accurate records and information to demonstrate its compliance.
Either party may, at any time on not less than 30 days' notice, revise this by replacing it with any
applicable controller to processor standard clauses or similar terms forming part of an applicable
certification scheme (which shall apply when replaced by attachment to this agreement).
Each party shall indemnify the other against all liabilities, costs, expenses, damages and losses (including
but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all
interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional
costs and expenses) suffered or incurred by the indemnified party arising out of or in connection with the
breach of the Data Protection Legislation b the indemnifvine party, its emplovees or agents, provided that
the indemnified party gives to the indemnifier prompt notice of such claim, full information about the
circumstances giving rise to it, reasonable assistance in dealing with the claim and sole authoritv to manage,
defend and/or settle it.
INTELLECTUAL PROPERTY
The intellectual property rights (including the rights to any inventions or patents, copyright, design rights,
trade marks, goodwill in relation to any business names or signs, domain names, database rights, know-
how and other intellectual property rights, whether registered or unregistered, existing anywhere in the
world) in relation to the Website (and its respective contents) and any documents distributed via e-mail or
WhatsApp, belong to us and except to the extent expressly set out in this agreement you acquire no right,
title or interest in such intellectual property.
Warrenties and Indemnity
You warrant that you:
May enter into and perform this agreement and that YOU ARE NOT A MINOR
You indemnifyDesire against all liabilities, costs, expenses, damages and losses (including legal fees)
that Desire may suffer as a result of the breach of any warranty contained in this agreement.
TERMINATION
Either party may terminate this agreement for any reason whatsoever, with immediate effect, by giving 1
days written notice to terminate
Termination of this agreement shall not affect any rights, remedies, obligations or liabilities of the parties
that have accrued up to the date of termination, including the right to claim damages for any breach of the
agreement which existed at or before the date of termination.
On termination of this agreement:
a. Desire shall retain financial responsibility (in accordance with the agreement) and shall pay to you
all outstanding amounts
b. Desire shall immediately cease providing the Management Services;
c. Desire shall immediately remove your access to the Desire Tutorials section;
d. in the event the termination is within 6 months of the commencement date of this agreement, Desire reserves the right to deactivate your Platform profile;
you will not be permitted to create an independent profile or create a
profile via another agency for 3 months after the date of termination of this agreement; and
any provision of this agreement that expressly or by implication is intended to come into or continue in
force on or after termination of this agreement shall remain in full force and effect.