These Terms of Service ("Terms") govern your access to and use of the LocalModels platform, available at localmodels.com and any related applications and services (together, the "Platform"). The Platform is operated by Commercial Media LLC, a limited liability company registered in the State of Delaware, United States ("LocalModels", "we", "us" or "our").
By creating an account, accessing, or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform. If you are using the Platform on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms.
LocalModels is a neutral online marketplace that connects Brands with Talent. We provide the technology that allows Brands and Talent to discover one another, communicate, agree terms, and transact.
LocalModels is not a party to any Booking or agreement between a Brand and Talent. We are not a talent agency, an employer, an employment agency, a staffing firm, or a manager of any Talent. We do not select, supervise, direct, employ, or control Talent, and we do not guarantee the performance, conduct, quality, legality, or suitability of any User, Booking, or Content.
Talent act as independent contractors and are responsible for their own taxes, social contributions, insurance, permits, and compliance with applicable law. Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship between LocalModels and any User.
To use most features of the Platform you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account.
You must be at least 18 years old to create an account or use the Platform. By registering, you confirm that you are 18 or older. We may ask you to verify your age and identity at any time, and we may suspend or remove accounts that do not meet this requirement.
You may not create an account for anyone other than yourself or the organization you are authorized to represent, and you may not transfer your account to another person without our consent.
Talent must be at least 18 years old. To help maintain a trustworthy marketplace, Talent may be required to complete identity and age verification before a profile becomes publicly visible or bookable. Verification may be carried out by us or by a third-party verification provider, and may include checking government-issued identification and confirming social media accounts and follower counts.
We may decline, suspend, or remove any profile that fails verification, that we reasonably believe contains false information, or that does not meet our content and conduct standards. Verification does not guarantee the accuracy of any User's information, and Users remain responsible for their own due diligence.
Brands may post requirements, search Talent profiles, and invite Talent to apply or quote. Talent may apply to opportunities and submit quotes. A Booking is formed when a Brand and Talent agree on scope, dates, deliverables, and price through the Platform and the Brand completes payment as described in Section 7.
Each User is responsible for clearly describing the work, agreeing the terms, and performing their obligations. We may provide templates, messaging, and workflow tools, but we do not draft, review, or approve the commercial terms of any Booking.
Payments on the Platform are processed by our Payment Processor, Stripe. By using the Platform's payment features you also agree to the applicable Stripe terms.
When a Brand pays for a Booking, the funds are collected and held by the Payment Processor. Funds are released to the Talent after the Booking is confirmed as completed, in accordance with Section 9. LocalModels does not hold Booking funds in its own accounts. We receive only our service fee.
LocalModels charges a service fee of 10% of the Booking value, which is retained by us as an application fee at the time funds are processed. The remaining amount, less any applicable Payment Processor charges and taxes, is paid out to the Talent. Fees may be updated from time to time as described in Section 18, and any change will apply only to Bookings made after the change takes effect.
Users are responsible for all taxes arising from their use of the Platform and from any Booking, including VAT, income tax, and social contributions where applicable.
Some features of the Platform are available through paid subscription plans (for example, tiers that unlock additional profile features, visibility, or tools). Subscription fees are billed in advance on a recurring basis through the Payment Processor until cancelled.
You may cancel a subscription at any time, effective at the end of the current billing period. Unless required by law, subscription fees already paid are non-refundable, and cancelling does not entitle you to a refund for the remainder of a paid period. We will tell you the price and billing frequency before you subscribe, and we will give you advance notice of any price change.
Because Booking funds are held by the Payment Processor until completion, payouts and refunds depend on the status of the Booking.
A Booking is treated as completed when both the Brand and the Talent confirm completion through the Platform, or when a Brand does not raise an issue within the review window shown at the time of Booking. On completion, funds are released to the Talent, less our service fee.
If a Brand and Talent disagree about whether a Booking was performed (for example, an alleged no-show), either party may open a dispute through the Platform while funds are still held. We may, at our discretion and acting reasonably, review the available information and decide how held funds should be released or refunded. Our decision on the release of held funds is administrative and final for the purpose of the Platform, and does not limit either party's separate legal rights against the other.
Talent retain ownership of Content they create, except as transferred under the terms of a specific Booking. When Content is created for a Brand through a Booking, the Brand receives the rights to that Content on the terms agreed for that Booking. Users are responsible for agreeing the scope of any rights, licenses, usage period, and territory as part of their Booking.
You grant LocalModels a non-exclusive, worldwide, royalty-free license to host, store, display, and reproduce Content you upload, to the extent necessary to operate and provide the Platform. You also grant us the right to display Talent Content within the relevant Talent profile and to use Content, profile material, and Booking outcomes for our own promotion, case studies, and marketing of the Platform, unless you tell us otherwise. We will respect personal rights and applicable law in any such use.
You represent that you own or have the necessary rights to any Content you upload, and that it does not infringe the rights of any third party. The LocalModels name, logo, and the Platform itself are owned by us and may not be used without our permission.
The Platform creates value by connecting Brands and Talent and by providing payment, verification, and dispute support. To protect that value, Users who are introduced to one another through the Platform agree not to arrange or complete Bookings with each other outside the Platform in order to avoid fees, for a period of twelve (12) months from their first contact through the Platform.
This does not restrict relationships that genuinely existed before, and independently of, the Platform. If you can show that you knew and worked with the other party outside of the Platform before being connected on it, this Section does not apply to that relationship. We may suspend or terminate accounts that breach this Section and may seek payment of the fees that would have applied to circumvented Bookings.
The Platform is for mainstream commercial work only. You agree that you will not use the Platform to:
We may remove Content and suspend or terminate accounts that breach this Section.
The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including any warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Platform will be uninterrupted, secure, or error-free, or that any User, Booking, profile, or Content is accurate, lawful, safe, or suitable. We do not provide legal, tax, or professional advice, and nothing on the Platform should be relied on as such.
To the fullest extent permitted by law, LocalModels and its officers, members, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Platform or any Booking.
To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Platform will not exceed the greater of (a) the total service fees you paid to us in the twelve (12) months before the event giving rise to the claim, or (b) one hundred US dollars (USD 100). Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
You agree to indemnify and hold harmless LocalModels and its officers, members, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of or related to your use of the Platform, your Content, any Booking you enter into, your breach of these Terms, or your violation of any law or third-party right.
You may stop using the Platform and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we are required to do so by law, or if we reasonably believe your use poses a risk to other Users or to the Platform. Sections that by their nature should survive termination, including those on fees owed, content rights, disclaimers, liability, indemnification, and governing law, will survive.
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of laws rules. Subject to any mandatory consumer protection rights you may have in your country of residence, you agree that the state and federal courts located in Delaware will have jurisdiction over any dispute arising out of or relating to these Terms or the Platform.
If you are a consumer resident in the European Union, nothing in this Section deprives you of the protection of mandatory provisions of the law of your country of residence.
We may update these Terms from time to time. If we make a material change, we will give reasonable notice, for example by email or through the Platform, before the change takes effect. Your continued use of the Platform after a change takes effect means you accept the updated Terms. If you do not agree, you should stop using the Platform.
If you have questions about these Terms, contact us at [email protected], or by post at the address below.
Commercial Media LLC
8 The Green, STE A
Dover, Delaware 19901
United States